| 释义 |
disclaimer
n. The refusal or renunciation of a right, claim, or property. A beneficiary under a will may disclaim (i.e. reject) his gift at any time after the death of the testator as long as he has not accepted any benefit from the gift. The disclaimed property then passes to other beneficiaries entitled under the will or under the intestacy rules, and the beneficiary cannot direct who the disclaimed gift passes to. This is in contrast to a deed of variation, where a beneficiary can give direction. Provided the disclaimer is made within two years of death and statutory requirements are complied with, the disclaimer is not treated as a gift for inheritance tax or capital gains tax purposes by the beneficiary disclaiming the legacy or gift (Inheritance Tax Act 1984 s 142; Taxation of Chargeable Gains Act 1992 s 62(6)). A trustee may disclaim a trust if he has not yet accepted it; once he has accepted his trusteeship he may no longer disclaim it but he may resign (see retirement of trustees). Trusts and powers are normally disclaimed by deed. See also renouncing probate. |