Code of Laws Title 62 Article 2 Intestate Succession and Wills

Mutual Disclaimer by Spouses of Interest in Property of Each

This Disclaimer Agreement is made on the (date), between

of

, referred to herein as Husband, and

of

, referred to herein as Wife.

Whereas, both Husband and Wife had in his or her own right certain real and personal property at the time of their marriage; and

Whereas, before their marriage to each other and in consideration of the same, Husband and Wife agreed verbally with each other that none of their respective property rights should in any way become affected or changed in any way by reason of their marriage;

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Husband's Disclaimer

Husband waives, releases, forgoes, and disclaims all his rights in any and all property, real, personal, or mixed, wherever situated, of which Wife is or may become seized or possessed, and waives all right to inherit from Wife under the laws of any and all states of the United States, and agrees that Wife shall have the right to dispose of all of her property by will. In case Wife fails to dispose of any of her property, of any kind, by will, then that property shall descend to her legal heirs, other than Husband, and Husband shall not inherit anything from her.

2. Wife's Disclaimer

Wife waives, releases, foregoes, and disclaims all her rights in any and all property, real, personal, or mixed, wherever situated, of which Husband is or may become seized or possessed, and waives all right to inherit from Husband under the laws of any and all states of the United States, and agrees that Husband shall have the right to dispose of all of his property by will. In case Husband fails to dispose of any of his property, of any kind, by will, then such property shall descend to his legal heirs, other than Wife, and she shall not inherit anything from him.

WITNESS our signatures as of the day and date first above stated.

(Acknowledgment form may vary by state)

State of

County of

Personally appeared before me, the undersigned authority in and for the said
County and State, on this (date), within my jurisdiction, the within-named
, who acknowledged that he
executed the above and foregoing instrument.

State of

County of

Personally appeared before me, the undersigned authority in and for the said
County and State, on this (date), within my jurisdiction, the within-named
, who acknowledged that she
executed the above and foregoing instrument.