Disclaimer of Will Bequest by Living Beneficiary
(MA)

Summary

This template can be used by a living beneficiary to disclaim a will bequest in Massachusetts. A disclaimer of will bequest can be used to alter the disposition of property in light of changed circumstances or for various estate tax purposes. This template includes practical guidance and drafting notes. A beneficiary may disclaim an interest in property which would otherwise pass to him or her absent the execution and filing of a disclaimer form such as this one. In Massachusetts, a disclaimer must satisfy the requirements set forth in Mass. Ann. Laws. ch. 190B, § 2-801(d), which includes that it must be in writing and must be clear and unequivocal. For estate tax and gift tax purposes, the disclaimer must also meet the requirements of 26 U.S.C. § 2518. If these requirements are met, the person refusing or disclaiming the property will step aside and the property will pass to whomever would have received the property as if the disclaimant was not in the picture. The interest will be considered to have never passed to the disclaimant and will be taxed accordingly for purposes of the federal estate, gift, and generation-skipping transfer taxes. For more information, see Qualified Disclaimers and Tax Avoidance.