reglab/housing_qa huggingface dataset:
12 DE Code § 610. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 6. Disclaimer|§ 610. Disclaimer of power of appointment or other power not held in fiduciary capacity.

§ 610. Disclaimer of power of appointment or other power not held in fiduciary capacity. If a holder that is not a fiduciary disclaims a power of appointment, whether such power is a general power of appointment or a power that is not a general power of appointment, or other power over a trust, granted to the nonfiduciary holder under the terms of an instrument, the following rules apply:  (1) If the holder has not previously exercised the power of appointment or the power over a trust, the disclaimer of a power of appointment or a power over a trust by a holder takes effect as of the time the instrument granting the power to the holder became or becomes irrevocable. (2) If the holder has previously exercised a general power of appointment and the disclaimer is of the right to exercise such general power of appointment, whether or not the holder presently has the power to exercise such general power of appointment, the disclaimer of such power of appointment takes effect immediately after the last time the holder exercised such general power of appointment. (3) If the holder has previously exercised a power of appointment and the disclaimer is of a power of appointment that is not a general power of appointment, whether or not the holder presently has the power to exercise such power of appointment, the disclaimer of such power of appointment takes effect immediately after the last time the holder exercised such power of appointment. (4) If the holder has previously exercised a power over a trust and the disclaimer is of a power over a trust, whether or not the holder presently has the power to exercise such power over the trust, the disclaimer of the power over a trust takes effect immediately after the last time the holder exercised such power over the trust. (5) The instrument granting the power of appointment or power over the trust to the holder shall be construed as if the power of the holder ceased to exist with respect to the power of appointment or power over the trust when the disclaimer became effective.63 Del. Laws, c. 448, §  1;  75 Del. Laws, c. 302, §  1;
12 DE Code § 611. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 6. Disclaimer|§ 611. Disclaimer by appointee, permissible appointee, or taker in default of exercise of power of appointment.

§ 611. Disclaimer by appointee, permissible appointee, or taker in default of exercise of power of appointment. (a) A disclaimer of an interest in property by an appointee of such interest in property as a result of an exercise of a power of appointment by a holder takes effect as of the time the instrument by which the holder exercised the power becomes irrevocable. (b) A disclaimer of an interest in property by a permissible appointee of an interest in property or by a taker of an interest in property as a result of a holder's failure to effectively exercise a power of appointment granted to such holder (a taker in default) takes effect as of the time the instrument creating the power of appointment becomes irrevocable. 63 Del. Laws, c. 448, §  1;  75 Del. Laws, c. 302, §  1;
12 DE Code § 613. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 6. Disclaimer|§ 613. Disclaimers affecting real property.

§ 613. Disclaimers affecting real property. If the property interest being disclaimed is an interest in real property, the disclaimer shall be acknowledged in the manner provided for deeds of real property. The disclaimer shall not be valid as against any person, except the beneficiary, the heirs and devisees of the beneficiary, and any other person having actual notice of the disclaimer, unless an original thereof, or an attested copy thereof if the original is required to be filed elsewhere, is recorded in the office for recording of deeds for the county or district in which the real property is located. 63 Del. Laws, c. 448, §  1;  70 Del Laws, c. 186,, §  1;  75 Del. Laws, c. 302, §  1;
12 DE Code § 614. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 6. Disclaimer|§ 614. When disclaimer barred or limited.

§ 614. When disclaimer barred or limited. (a) A disclaimer is barred by a written waiver of the right to disclaim. (b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:  (1) The disclaimant accepts the interest sought to be disclaimed; (2) The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; (3) A judicial sale of the interest sought to be disclaimed occurs. (c) A disclaimer is barred or limited if so provided by law other than this chapter. (d) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise. (e) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred. 63 Del. Laws, c. 448, §  1;  75 Del. Laws, c. 302, §  1;
12 DE Code § 615. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 6. Disclaimer|§ 615. Tax qualified disclaimer.

§ 615. Tax qualified disclaimer. Notwithstanding any other provision of this chapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of the Code, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this chapter. 75 Del. Laws, c. 302, §  1;
12 DE Code § 616. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 6. Disclaimer|§ 616. Application to existing and expired relationships.

§ 616. Application to existing and expired relationships. (a) Except as otherwise provided in § 614 of this title, an interest in or power over property existing on June 27, 2006, as to which the 9 months for receipt or filing a disclaimer under Delaware law superseded by this chapter has not expired may be disclaimed after June 27, 2006. (b) Any interest in or power over property that has expired under Delaware law superseded by this chapter prior to June 27, 2006, shall remain expired. 63 Del. Laws, c. 448, §  1;  75 Del. Laws, c. 302, §  1;
12 DE Code § 617. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 6. Disclaimer|§ 617. Severability clause.

§ 617. Severability clause. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given affect without the invalid provision or application, and to this end the provisions of this chapter are severable. 75 Del. Laws, c. 302, §  1;
12 DE Code § 701. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 7. Simultaneous Death|§ 701. Insufficient evidence of survivorship.

§ 701. Insufficient evidence of survivorship. Where the title to property or the devolution thereof depends upon priority of death and there is not sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if each person had survived, except as otherwise provided in this chapter. 45 Del. Laws, c. 234, §  1;  12 Del. C. 1953, §  701;  70 Del Laws, c. 186,, §  1;
12 DE Code § 702. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 7. Simultaneous Death|§ 702. Beneficiaries of another person's disposition of property.

§ 702. Beneficiaries of another person's disposition of property. Where 2 or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived. 45 Del. Laws, c. 234, §  2;  12 Del. C. 1953, §  702;
12 DE Code § 703. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 7. Simultaneous Death|§ 703. Joint tenants or tenants by the entirety.

§ 703. Joint tenants or tenants by the entirety. Where there is no sufficient evidence that 2 joint tenants or tenants by the entirety have died otherwise than simultaneously, the property so held shall be distributed one half as if 1 had survived and one half as if the other had survived. If there are more than 2 joint tenants and all of them have so died, the property thus distributed shall be in the proportion that 1 bears to the whole number of joint tenants. 45 Del. Laws, c. 234, §  3;  12 Del. C. 1953, §  703;
12 DE Code § 704. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 7. Simultaneous Death|§ 704. Insurance policies.

§ 704. Insurance policies. Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary. 45 Del. Laws, c. 234, §  4;  12 Del. C. 1953, §  704;
12 DE Code § 705. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 7. Simultaneous Death|§ 705. Retroactive effect of chapter.

§ 705. Retroactive effect of chapter. This chapter shall not apply to the distribution of the property of a person who died before April 18, 1945. 45 Del. Laws, c. 234, §  5;  12 Del. C. 1953, §  705;
12 DE Code § 706. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 7. Simultaneous Death|§ 706. Application of chapter.

§ 706. Application of chapter. This chapter shall not apply in the case of wills, living trusts, deeds or contracts of insurance wherein provision has been made for distribution of property different from the provisions of this chapter. 45 Del. Laws, c. 234, §  6;  12 Del. C. 1953, §  706;
12 DE Code § 707. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 7. Simultaneous Death|§ 707. Uniformity of interpretation.

§ 707. Uniformity of interpretation. This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it. 45 Del. Laws, c. 234, §  7;  12 Del. C. 1953, §  707;
12 DE Code § 801. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 8. Uniform Tod Security Registration Act|§ 801. Definitions.

§ 801. Definitions. In this chapter, unless the context otherwise requires:  (1) “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. (2) “Devisee” means any person designated in a will to receive a disposition of real or personal property. (3) “Heirs” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. (4) “Person” means an individual, a corporation, an organization or other legal entity. (5) “Personal representative” includes executor, administrator, successor personal representative, special administrator and persons who perform substantially the same function under the law governing their status. (6) “Property” includes both real and personal property or any interest therein and means anything that may be the subject of ownership. (7) “Register,” including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities. (8) “Registering entity” means a person who originates or transfers a security title by registration and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities. (9) “Security” means a share, participation or other interest in property, in a business or in an obligation of an enterprise or other issuer and includes a certificated security, an uncertificated security and a security account. (10) “Security account” means:  a. A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings or dividends earned or declared on a security in an account, a reinvestment account or a brokerage account, whether or not credited to the account before the owner's death, or b. A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death. (11) “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession subject to the legislative authority of the United States.70 Del. Laws, c. 394, §  1;
12 DE Code § 802. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 8. Uniform Tod Security Registration Act|§ 802. Registration in beneficiary form — sole or joint tenancy ownership.

§ 802. Registration in beneficiary form — sole or joint tenancy ownership. Only individuals whose registration of a security shows sole ownership by 1 individual or multiple ownership by 2 or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties or as owners of community property held in survivorship form and not as tenants in common. 70 Del. Laws, c. 394, §  1;
12 DE Code § 803. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 8. Uniform Tod Security Registration Act|§ 803. Registration in beneficiary form — applicable law.

§ 803. Registration in beneficiary form — applicable law. A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law. 70 Del. Laws, c. 394, §  1;
12 DE Code § 804. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 8. Uniform Tod Security Registration Act|§ 804. Origination of registration in beneficiary form.

§ 804. Origination of registration in beneficiary form. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners. 70 Del. Laws, c. 394, §  1;
12 DE Code § 805. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 8. Uniform Tod Security Registration Act|§ 805. Form of registration in beneficiary form.

§ 805. Form of registration in beneficiary form. Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD” or by the words “pay on death” or the abbreviation “POD” after the name of the registered owner and before the name of a beneficiary. 70 Del. Laws, c. 394, §  1;
12 DE Code § 806. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 8. Uniform Tod Security Registration Act|§ 806. Effect of registration in beneficiary form.

§ 806. Effect of registration in beneficiary form. The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary. 70 Del. Laws, c. 394, §  1;
12 DE Code § 807. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 8. Uniform Tod Security Registration Act|§ 807. Ownership on death of owner.

§ 807. Ownership on death of owner. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners. 70 Del. Laws, c. 394, §  1;
12 DE Code § 808. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 8. Uniform Tod Security Registration Act|§ 808. Protection of registering entity.

§ 808. Protection of registering entity. (a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this chapter. (b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on the death of the deceased owner as provided in this chapter. (c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs or devisees of a deceased owner if it registers a transfer of the security in accordance with § 807 of this title and does so in good faith reliance (i) on the registration, (ii) on this chapter, and (iii) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives or other information available to the registering entity. The protections of this chapter do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this chapter. (d) The protection provided by this chapter to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds. 70 Del. Laws, c. 394, §  1;
12 DE Code § 809. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 8. Uniform Tod Security Registration Act|§ 809. Nontestamentary transfer on death.

§ 809. Nontestamentary transfer on death. (a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this chapter and is not testamentary. (b) This chapter does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this State. 70 Del. Laws, c. 394, §  1;
12 DE Code § 810. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 8. Uniform Tod Security Registration Act|§ 810. Terms, conditions, and forms for registration.

§ 810. Terms, conditions, and forms for registration. (a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for “lineal descendants per stirpes.” This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on 1 or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions. (b) The following are illustrations of registrations in beneficiary form which a registering entity may authorize:  (1) Sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown, Jr. (2) Multiple owners-sole beneficiary: John S. Brown, Mary B. Brown, JT TEN TOD John S. Brown, Jr. (3) Multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown, Mary B. Brown, JT TEN TOD John S. Brown, Jr. SUB BENE Peter Q. Brown or John S. Brown, Mary B. Brown JT TEN TOD John S. Brown, Jr. LDPS.70 Del. Laws, c. 394, §  1;
12 DE Code § 811. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 8. Uniform Tod Security Registration Act|§ 811. Short title.

§ 811. Short title. This chapter shall be known as and may be cited as the “Uniform TOD Security Registration Act.” 70 Del. Laws, c. 394, §  1;
12 DE Code § 812. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 8. Uniform Tod Security Registration Act|§ 812. Application of chapter.

§ 812. Application of chapter. This chapter applies to registrations of securities in beneficiary form made before or after June 26, 1996, by decedents dying on or after June 26, 1996. 70 Del. Laws, c. 394, §  1;