Disclaimer - Definition - Law Dictionary Home Dictionary Definition disclaimer

Definition :

Disclaimer, a renunciation, or a denial by a tenant of his landlord's title, either by refusing to pay rent, denying any obligation to pay, or by setting up a title in himself or a third person, and this is a distinct ground of forfeiture of the lease or other tenancy, whether of land or tithe. See Vivian v. Moat, (1878) 16 Ch D 730, in which Fry, J., held landlords entitled to eject tenants without notice to quit on a letter disputing the right of the landlords to raise the rent and asserting a right to hold on a quitrent.

A devisee in fee may, by deed, without matter of record, disclaim the estate devised, and after such disclaimer has no interest in the estate. An heir-at-law could not disclaim.

An executor may, before probate, 'disclaim,' or as it is more properly called, 'renounce,' the executorship, and the executor of an executor may, before probate of the will of his own testator, disclaim to be the executor of the first testator; but he cannot so disclaim after he has proved the will of his own testator; for he thereby becomes his complete executor, and consequently the executor of the first testator.

A trustee who has not accepted may disclaim, but a conveyance by him of the trust estate to a co-trustee would amount to an acceptance of the trusts. An estate of freehold may be disclaimed as well by deed as by matter of record, and even by conduct [Re Birchall, (1889) 40 Ch D 436]; but a deed is the best evidence of disclaimer, 1 Saunder's Uses, 426. The word 'disclaim' was introduced in the repealed 3 & 4 Wm. 4, c. 47, s. 77, to obviate a question whether a married woman might disclaim.

In Bankruptcy. A trustee in bankruptcy may disclaim onerous property under s. 54 of the (English) Bankruptcy Act, 1914 (4 & 5 Geo. 5, c. 59), and Rules of Court thereunder, and see WINDING UP.

Patent, and Trade Mark. As to disclaimer of a patent, see (English) the Patents and Designs Acts, 1907 7 Edw. (7, c. 29), 1932 (22 & 23 Geo. 5, c. 32); and as to disclaimer of a trade mark, see s. 15 of the (English) Trade Marks Act, 1905 (5 Edw. 7, c. 15).