2020 Colorado Revised Statutes
Title 15 - Probate, Trusts, And Fiduciaries
Article 1. Fiduciary
Section 15-1-434. Effective date - application to existing trusts and estates - election.
(1) Subparts 1 through 6 of this part 4 shall take effect July 1, 2001.
Subparts 1 through 6 of this part 4 shall apply to every trust or decedent's estateexisting on and after July 1, 2001, except as otherwise expressly provided in the will or terms of the trust or in subparts 1 through 6 of this part 4. For each trust established under a will or trust agreement existing and irrevocable on July 1, 2001, the trustee may elect to apply the "Uniform Principal and Income Act" of this state in effect on June 30, 2001. The trustee shall make such election by July 1, 2002.
Notwithstanding the provisions of subsection (2) of this section, subparts 1 through 6 of this part 4 shall not apply to any trust or decedent's estate existing on July 1, 2001, in which no trustee has the authority to act under section 15-1-404 unless the trustees elect to apply subparts 1 through 6 of this part 4. The trustees may make this election at any time.
Once an election is made pursuant to this section, the election shall be irrevocable.The trustee shall give notice of such an election to the beneficiaries of the trust in accordance with section 15-1-405. If such notice complies with section 15-1-405, the provisions of said section shall apply to such election.
Source: L. 2000: Entire part R&RE, p. 1149, § 1, effective July 1, 2001. L. 2009: (1),
(2), and (3) amended, (HB 09-1241), ch. 169, p. 746, § 12, effective April 22.
