Disclaimer

Also known as: Renunciation

In one sentence

A legal refusal by a beneficiary to accept an inheritance or gift.

Plain English

A disclaimer is a formal, legal way for someone to refuse an inheritance, gift, or property they would otherwise receive. When a person disclaims, they're saying they don't want the property, and it passes instead to the next person in line (often another family member or the estate). There are strict legal requirements and time limits for disclaiming, and it must be done in writing and filed properly with the court or estate.

Ad slot

Example

A wealthy uncle leaves his nephew $500,000, but the nephew is already financially secure and wants the money to go to his younger sister instead. The nephew files a legal disclaimer, and the $500,000 passes to his sister as if he had never inherited it.

Used in a sentence

“She filed a disclaimer of the inheritance within nine months of her father's death to redirect the assets to her children.”

Related terms

Probate Estate

Property owned by a deceased person that passes through the court-supervised probate process.

Non-Probate Assets

Property that passes to beneficiaries outside the probate process, bypassing court involvement.

Testamentary Capacity

The legal and mental ability required to make a valid will or trust.

Lapse

An offer that expires because a deadline passes or too much time has gone by.

Holographic Will

A will written entirely in the testator's own handwriting without witnesses.

Mutual Rescission

Both parties agreeing to cancel a contract and release each other from all obligations.

Probate

The court process of validating a will and distributing a deceased person's estate.

Intestate Succession

The legal process of distributing a deceased person's property when they leave no valid will.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.