If a holder who is a fiduciary disclaims a power held in a fiduciary capacity, the following rules apply:
(1) If the fiduciary holder has not previously exercised the power held in a fiduciary capacity the disclaimer of the power takes effect as of the time the instrument creating the power becomes irrevocable.
(2) If the fiduciary holder has previously exercised the power held in a fiduciary capacity the disclaimer of the power takes effect immediately after the last exercise of the power.
(3) A disclaimer under this section is effective as to another fiduciary and is binding upon the estate, trust or other person for whom the fiduciary is acting as limited by Delaware law unless otherwise stated within the instrument.
63 Del. Laws, c. 448, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 302, § 1.
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