disclaim
- Disclaim, in a legal sense, means to give up a legal claim, obligation or right to something. Rejecting one’s claim to inheritance is an example of when one disclaims.
- Disclaim also means to deny responsibility for something.
Disclaimer trust refers to a type of trust used by spouses to limit estate taxes. Spouses can agree to move assets the other spouse will receive upon their death into an irrevocable trust in their wills. This only occurs if the spouse chooses not to inherit the assets outright.
A discretionary power of appointment is distinguished from a mandatory power of appointment in that its exercise is optional. The power is valid so long as there is at least one person who reasonably fits the description of the class whose favor in which the power can be exercised (the objects of the power). If the person with power of appointment (
Discretionary trusts are a type of irrevocable trust where the trustee has complete discretion on when and what amounts of assets to distribute to the beneficiaries. The beneficiaries have no right to distributions from the trust.
Disentail refers to the process of converting a fee tail into a fee simple. The majority of states have passed some form of disentailing statutes.
To disinherit is to intentionally deny an inheritance. For example, an owner of an estate may deprive their legal heir(s) from inheriting their estate by excluding them from their will.
Disinheritance means to prevent someone from receiving any of your property after your death. Disinheritance occurs when the testator takes steps to make sure that a specific person is excluded from inheriting anything from the property. This can be done either by excluding someone from the will or by including a disinheritance clause in the will.
Disposing mind and memory (also referred to as sound mind and memory) is a requirement that a person must understand the state of their property, relationships, and the facets of a will in order for a will to be valid. A person must overcome the assumption that they were of disposing mind and memory in order to invalidate a will on these grounds.