Legal Question in Wills and Trusts in California

Re: disclaimer for inheritance

A disclaimer should be written in pleading format. It should contain words like:

I, [name of beneficiary,] hereby disclaim any and all interest I may have as an heir or beneficiary of decedent, [name of decedent,] [list either specific property or entire estate]."

See California Probate Code Section 278.

Also note that a disclaimer only treats that person who is disclaiming as if they have predeceased the decedent and his or her share will go to their children or next of kin instead.

A disclaimed interest cannot go to whoever the beneficiary who disclaimed wants it to go to.