2020 Colorado Revised Statutes
Title 15 - Probate, Trusts, And Fiduciaries
Article 2.5. Uniform Powers of Appointment Act
Section 15-2.5-302. Intent to exercise - determining intent from residuary clause.
(1) In this section:
"Residuary clause" does not include a residuary clause containing a blanket-exerciseclause or a specific-exercise clause.
"Will" includes a codicil and a testamentary instrument that revises another will.
(2) A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:
The terms of the instrument containing the residuary clause do not manifest a contrary intent;
The power is a general power exercisable in favor of the powerholder's estate;(c) There is no gift-in-default clause or the clause is ineffective; and (d) The powerholder did not release the power.
Source: L. 2014: Entire article added, (HB 14-1353), ch. 209, p. 776, § 1, effective July 1, 2015.
