2021 Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 2.5 - Uniform Powers of Appointment Act
Part 1 - General Provisions
§ 15-2.5-104. Supplementation by Common Law and Principles of Equity

Unless displaced by the particular provisions of this article, the principles of law and equity supplement its provisions.

History. Source: L. 2014: Entire article added,(HB 14-1353), ch. 209, p. 774, § 1, effective July 1, 2015.

This act codifies those portions of the law of powers of appointment that are most amenable to codification. The act is supplemented by the common law and principles of equity. To determine the common law and principles of equity in a particular state, a court might look first to prior case law in the state and to more general sources, such as the Restatement Third of Property: Wills and Other Donative Transfers. The common law is not static but includes the contemporary and evolving rules of decision developed by the courts in exercise of their power to adapt the law to new situations and changing conditions. It also includes the traditional and broad equitable jurisdiction of the court, which the act in no way restricts.

The statutory text of the act is also supplemented by these Comments, which, like the Comments to any Uniform Act, may be relied on as a guide for interpretation. , 817 N.W.2d 395 (S.D. 2012) (interpreting Uniform Commercial Code); , 644 S.E.2d 72 (Va. 2007) (interpreting Uniform Residential Landlord Tenant Act); , 621 A.2d 1304, 1307 (Conn. 1993) (interpreting Uniform Management of Institutional Funds Act); , 703 P.2d 169, 172 (N.M. 1985) (interpreting Uniform Commercial Code and describing the Comments as “persuasive” though “not binding”); Jack Davies, Legislative Law and Process in a Nutshell § 59-4 (3d ed. 2007).

The text of and Comment to this section are based on Uniform Trust Code § 106 and its accompanying Comment.