75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
 
                            Enrolled
 
                         House Bill 2357
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Judiciary for Oregon State Bar Estate Planning Section)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to disclaimers; creating new provisions; and amending
  ORS 105.633.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 105.633 is amended to read:
  105.633. (1) For the purposes of this section:
  (a) 'Time of distribution' means the time when a disclaimed
interest would have taken effect through possession or enjoyment.
  (b) 'Future interest' means an interest that takes effect
through possession or enjoyment, if at all, at a time later than
the time that the interest is created.
  (2) Except for a disclaimer governed by ORS 105.634 or 105.636,
the following rules apply to a disclaimer of an interest in
property:
  (a) The disclaimer takes effect when the instrument creating
the interest becomes irrevocable or, if the interest arises under
the law of intestate succession, when the decedent dies.
  (b) The disclaimed interest passes according to any provision
in the instrument creating the interest providing for the
disposition of the specific interest in the event the interest is
disclaimed, or according to any provision in the instrument
creating the interest providing for the disposition of interests
in general in the event the interests created by the instrument
are disclaimed.
    { - (c) - }  { +  (3) + } If the instrument creating the
interest does not contain a provision described in subsection
(2) { + (b) + } of this section,  { + or if the interest arises
under the law of intestate succession, + } the following rules
apply:
   { +  (a) + }(A) If the disclaimant is an individual,
 { + except as otherwise provided in subparagraphs (B) and (C) of
this paragraph, + } the disclaimed interest passes as if the
disclaimant had died immediately before the time of distribution.
 { - However, - }
   { +  (B) + } If by law or under the instrument the descendants
of the disclaimant would share in the disclaimed interest by any
method of representation had the disclaimant died before the time
of distribution, the disclaimed interest passes only to the
descendants of the disclaimant who survive the time of
distribution.
 
 
 
Enrolled House Bill 2357 (HB 2357-INTRO)                   Page 1
 
 
 
   { +  (C) If the disclaimed interest would pass to the
disclaimant's estate had the disclaimant died before the time of
distribution, the disclaimed interest instead passes by
representation to the descendants of the disclaimant who survive
the time of distribution. If no descendant of the disclaimant
survives the time of distribution, the disclaimed interest passes
to those persons, including the state, but excluding the
disclaimant, and in such shares, as would succeed to the
transferor's intestate estate under the intestate succession law
of the transferor's domicile had the transferor died at the time
of distribution. However, if the transferor's surviving spouse is
living but is remarried at the time of distribution, the
transferor is deemed to have died unmarried at the time of
distribution. + }
    { - (B) - }  { +  (b) + } If the disclaimant is not an
individual, the disclaimed interest passes as if the disclaimant
did not exist.
    { - (d) - }  { +  (4) + } Upon the disclaimer of a preceding
interest, a future interest held by a person other than the
disclaimant takes effect as if the disclaimant had died or ceased
to exist immediately before the time of distribution, but a
future interest held by the disclaimant is not accelerated in
possession or enjoyment.
  SECTION 2.  { + The amendments to ORS 105.633 by section 1 of
this 2009 Act apply only to disclaimers made on or after the
effective date of this 2009 Act. + }
                         ----------
 
 
Passed by House February 5, 2009
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate February 25, 2009
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2357 (HB 2357-INTRO)                   Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2009
 
Approved:
 
......M.,............., 2009
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2009
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2357 (HB 2357-INTRO)                   Page 3