Fla. Stat. 739.402
When disclaimer is barred or limited
(1)
A disclaimer is barred by a written waiver of the right to disclaim.(2)
A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:The disclaimant accepts the interest sought to be disclaimed;The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so;The interest sought to be disclaimed is sold pursuant to a judicial sale; orThe disclaimant is insolvent when the disclaimer becomes irrevocable.(a)
The disclaimant accepts the interest sought to be disclaimed;(b)
The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so;(c)
The interest sought to be disclaimed is sold pursuant to a judicial sale; or(d)
The disclaimant is insolvent when the disclaimer becomes irrevocable.(3)
A disclaimer, in whole or in part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.(4)
A disclaimer, in whole or in part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.(5)
A disclaimer of an interest in, or a power over, property which is barred by this section is ineffective.
Source:
Section 739.402 — When disclaimer is barred or limited, https://www.flsenate.gov/Laws/Statutes/2024/0739.402 (accessed Aug. 7, 2025).