In re Estate of Ciaffoni

Will claimant was absolutely barred from revoking properly executed disclaimer.

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OPINION

� 1 In this case we are asked to determine whether one who has properly filed a disclaimer may subsequently revoke that disclaimer. Paul A. Ciaffoni (Disclaimant) appeals from the trial court’s order accepting the Master’s October 30, 1998 recommendation that he not be permitted to revoke his disclaimer of interest in the estate of Paul Ciaffoni (the decedent’s estate). Disclaimant contends that he should be permitted to revoke his disclaimer on the basis that no prejudice will accrue to other interested parties because distributions from the estate have not been made. Disclaimant further contends that revocation should be permitted so as not to frustrate the testamentary scheme. The trial court adopted the Master’s recommendation that Disclaimant be precluded from revoking his disclaimer. We affirm.

� 2 This appeal arises following a prolonged, fiercely contended will contest and various attacks upon the administration of the decedent’s estate. Upon the decedent’s death, his daughter, Elizabeth Cowden, became Executrix for the estate, with Pittsburgh National Bank, also known as PNB Administrator, now PNC Bank (PNC) as corporate administrator. Since then, the decedent’s will has been contested before no fewer than fourteen state and federal judges. Early in the battle over the decedent’s estate, and on August 17, 1978 several of the will’s named beneficiaries, including Disclaimant (decedent’s grandson), signed a “Renunciation and Disclaimer” (Disclaimer) effectively refusing any interest to be derived from the execution of the decedent’s will. The participating beneficiaries (including, Concetta Ciaffoni (Wife), Orlando Ciaffoni (Orlando), Robert M. Ciaffoni (Robert M.), Robert J. Ciaffoni (Robert J.), Bonnie Watts, and Melody Skall) calculated their disclaimers to show solidarity against Cowden and demonstrate their belief that the decedent’s will was invalid. The Disclaimer reads as follows:

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