Legal Question in Wills and Trusts in North Carolina

What does i hereby authorize and empower any beneficiary designated herein to disclaim all or any portion of that part of my estate passing to such benificiary under this will mean

Asked on 6/28/13, 4:34 pm

1 Answer from Attorneys

Without looking at the whole document, I can't say. It would be strange language for a testator/testatrix (a person making a will) or settlor of a trust to include. The testator /settlor does not get to decide if a beneficiary can disclaim. State and federal law already allows a beneficiary of a will or trust to disclaim so long as the disclaimer is filed within 9 months of death and is in proper form.

So what document contains this language, who made the document and why is it inserted?

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Answered on 6/28/13, 10:48 pm


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