3B:9-9. Bar of right to disclaim.

   a.   The right of an individual to disclaim property or any interest therein is barred by:
 
   (1)   an assignment, conveyance, encumbrance, pledge or transfer of the property or interest or a contract therefor; or
 
   (2)   a written waiver of the right to disclaim; or
 
   (3)   an acceptance of the property or interest or a benefit under it after actual knowledge that a property right has been conferred; or
 
   (4)   a sale of the property or interest that was seized under judicial process before the disclaimer is made; or
 
   (5)   the expiration of the permitted applicable perpetuities period; or
 
   (6)   a fraud on the individual's creditors as set forth in the "Uniform Voidable Transactions Act" (R.S.25:2-20 et seq.).
 
   b.   The disclaimant shall not be barred from disclaiming all or any part of the balance of the property where the disclaimant has received a portion of the property and there still remains an interest which the disclaimant is yet to receive.
 
   c.   A bar to the right to disclaim a present interest in joint property does not bar the right to disclaim a future interest in that property.
 
   d.   The right to disclaim may be barred to the extent provided by other applicable statutory law.
 
   amended 1988, c.74, s.2; 2004, c.132, s.72; 2005, c.160, s.11; 2021, c.92, s.19.