Section 282 Of Chapter 2. General Provisions From California Probate Code >> Division 2. >> Part 8. >> Chapter 2.
282
. (a) Unless the creator of the interest provides for a specific
disposition of the interest in the event of a disclaimer, the
interest disclaimed shall descend, go, be distributed, or continue to
be held (1) as to a present interest, as if the disclaimant had
predeceased the creator of the interest or (2) as to a future
interest, as if the disclaimant had died before the event determining
that the taker of the interest had become finally ascertained and
the taker's interest indefeasibly vested. A disclaimer relates back
for all purposes to the date of the death of the creator of the
disclaimed interest or the determinative event, as the case may be.
(b) Notwithstanding subdivision (a), where the disclaimer is filed
on or after January 1, 1985:
(1) The beneficiary is not treated as having predeceased the
decedent for the purpose of determining the generation at which the
division of the estate is to be made under Part 6 (commencing with
Section 240) or other provision of a will, trust, or other
instrument.
(2) The beneficiary of a disclaimed interest is not treated as
having predeceased the decedent for the purpose of applying
subdivision (d) of Section 6409 or subdivision (b) of Section 6410.