15-11-1209. Disclaimer of power of appointment or other power not held in fiduciary capacity

15-11-1209. Disclaimer of power of appointment or other power not held in fiduciary capacity. (1) If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the disclaimer applies only to that holder, and the following rules apply: (a) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable; (b) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power; and (c) The instrument creating the power is construed as if the power expired when the disclaimer became effective.