Making a Valid Disclaimer in Virginia To be effective, a Virginia disclaimer must: • Be in writing or other record,8 • Declare the disclaimer, • Describe the interest or power disclaimed, • Be signed by the person making the disclaimer, and • Be delivered or filed in the manner provided in § (This. Jun 03, · B. Except for a disclaimer governed by § or , the following rules apply to a disclaimer of an interest in property: 1. The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or, if the interest arose under the law of intestate succession, as of the time of the intestate's death. 2. Nov 26, · The inheritance can become an asset of the estate. Furthermore, you cannot disclaim your right to the inheritance to avoid the asset becoming part of the estate. See a local bankruptcy lawyer who knows about assets like this now for advice. Mr. Goldstein is a Virginia .