What is the effect of a disclaimer on the distribution of property?

When a person disclaims an interest in property, the legal effect is typically that the property passes as if the disclaimant had predeceased the decedent. This means that the interest does not revert to the disclaimant's heirs or estate; instead, it moves directly to the next eligible beneficiary according to the terms of the will or the applicable intestacy laws, as if the disclaimant never had any claim to it.

This principle clarifies how property is to be distributed without causing delays or legal ambiguity in the distribution process. Because of this mechanism, the distribution remains efficient and orderly, ensuring that the intended beneficiaries receive their respective shares without the complicating factor of the disclaimant's involvement.

In contrast, if property went to the disclaimant's heirs or if it remained "in limbo," it would create uncertainty and potentially complicate the estate’s distribution. Additionally, passing as if the disclaimant had merely survived would not accurately reflect the legal effect of a disclaimer, which is to remove their claim entirely. Thus, the accurate response highlights the legal principle guiding property distribution following a disclaimer.