A disclaimer trust is a trust funded by a disclaimer. It is frequently used to permit a surviving spouse to fund a credit shelter trust with that amount of property necessary to limit the size of the surviving spouse's estate to the Applicable exclusion amount.

A trust designed for the young couple who does not yet have assets needed to fund a by pass trust, but likely will in the future. Gives the surviving spouse the option to "disclaim" an amount of money which will then fund the by pass trust.