Qualified Disclaimer - Law Dictionary Search Results
Home Dictionary Name: qualified disclaimerqualified disclaimer
qualified disclaimer : an irrevocable and absolute refusal to accept a particular interest in the estate of a decedent (as a spouse) that is made in accordance with federal tax requirements and results in favorable tax consequences (as exemption from a gift tax) NOTE: Property disclaimed under a qualified disclaimer is not treated as a gift and is not included in the gross estate of the decedent. Thus property disclaimed by a surviving spouse could pass to his or her children without incurring a gift tax. A disclaiming party cannot, however, direct the disposition of the disclaimed interest and must not have accepted the interest or its benefits (as dividends). ...
disclaimer
disclaimer [Anglo-French desclamer, from desclamer to disavow, deny, from Old French des-, prefix marking reversal + clamer to claim see claim ] 1 : a refusal or disavowal of something that one has a right to claim ;specif : a relinquishment or formal refusal to accept an interest or estate see also qualified disclaimer 2 : a denial of responsibility for a thing or act: as a : a negation or limitation of the rights under a warranty given by a seller to a buyer b : a denial of coverage by an insurance company 3 : a writing that embodies a disclaimer ...
Disclaimer
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...
disclaim
disclaim : to make a disclaimer vt 1 : to reject or relinquish a claim to (as an interest in an estate) 2 a : to deny or reject the right, validity, or authority of b : to negate or limit the rights under (a warranty) dis·claim·ant [-klā-mənt] n ...
Recto sur disclaimer
Recto sur disclaimer, an abolished writ on disclaimer....
Disclaimer
One who disclaims disowns or renounces...
Sur Disclaimer, Writ of Right of
Sur Disclaimer, Writ of Right of, abolished by 3 & 4 Wm. 4, c. 27....
qualifying event
qualifying event : an event or condition (as a terminal illness) that permits an acceleration or continuation of benefits or coverage ;esp : an event involving an employee covered by a group health insurance plan that would result in a termination of coverage for the employee or a qualified beneficiary if not for federal provisions for the continuation of such coverage (as for six months) NOTE: Qualifying events for continuation of group health insurance coverage include the death, divorce, or legal separation of the employee, termination from employment for a reason other than gross misconduct, reduction in working hours, and the change in status of a child who ceases to be classified as a dependent under the terms of the plan. An employee is entitled to notice of the right to continuation after a qualifying event occurs. ...
qualify
qualify -fied -fy·ing vt 1 : to limit or modify in some way 2 : to make or consider eligible or fit [his training and experience qualified him as an expert witness] 3 : to issue a certificate or license to vi 1 : to meet certain requirements or criteria [ for a tax credit] 2 : to acquire competent power or capacity [has just qualified as a lawyer] ...
Qualifying service
Qualifying service, 'qualifying service' under rules means 'service qualifying for pension', Hans Raj v. State of Punjab, AIR 1985 SC 69 (74): (1985) 1 SCC 134: (1985) 1 SCR 1040. [Punjab Civil Service (Pre-mature Retirement Rule), 1975, R. 2(3)]Means service rendered while on duty or otherwise which shall be taken into account for the purpose of pensions and gratuities admissible, Union of India v. S. Dharmalingam, AIR 1994 SC 592: (1994) 1 SCC 179: (1994) 1 SCJ 58: (1994) SCW 238: (1994) 1 Serv LJ (SC) 169: (1994) 26 ATC 575: (1994) 68 Fac LR 140: (1994) 1 UJ (SC) 45: (1994) 1 Lab LN 11....
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