Disclaimer may be revoked if procured by undue influence. The testator’s mother and sole beneficiary under his will sought to revoke her disclaimer of all her interest in her son’s estate. The disclaimed property passed to the disclaimant’s nephew who was the contingent beneficiary of the will and the executor. The disclaimant then filed a document with the court purporting to revoke the disclaimer. The nephew objected and won summary judgment.
The Supreme Court of Vermont reversed, holding that a disclaimer cannot be revoked because it was based on a mistake of law or because the revocation is filed within the period for making a disclaimer, but that it may be revoked if it was procured through the exercise of undue influence. Carvalho v. Estate of Carvalho, 978 A.2d 455 (Vt. 2009).
The Supreme Court of Vermont reversed, holding that a disclaimer cannot be revoked because it was based on a mistake of law or because the revocation is filed within the period for making a disclaimer, but that it may be revoked if it was procured through the exercise of undue influence. Carvalho v. Estate of Carvalho, 978 A.2d 455 (Vt. 2009).
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