What is the effect of a valid disclaimer by a beneficiary?

• A. The disclaimed share passes as if the disclaimed party predeceased the decedent
• B. Goes to charity
• C. The disclaimed share remains in the estate
• D. The disclaimed share is redistributed to other beneficiaries only by court order

Answer: (A)

A valid disclaimer is treated as if the disclaimed beneficiary had predeceased the decedent. Because of that, the disclaimed interest bypasses the person who disclaimed and passes to the next eligible taker—the alternate beneficiary named in the will or, if none, under the state’s intestacy rules. This shift happens automatically under the instrument and applicable law, not because a court orders redistribution. The property thus does not stay in the disclaimed party’s estate, and it does not automatically go to charity. The key idea is that the disclaimer preserves the decedent’s intended distribution by moving the interest to the next rightful recipient.