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Colorado Revised Statutes Title 15. Probate, Trusts, and Fiduciaries § 15-2.5-309. Capture doctrine--disposition of ineffectively appointed property under general power

Current as of January 01, 2022 | Updated by FindLaw Staff

(1) To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:

(a) The gift-in-default clause controls the disposition of the ineffectively appointed property; or

(b) If there is no gift-in-default clause, or to the extent the clause is ineffective, the ineffectively appointed property:

(I) Passes to:

(A) The powerholder if the powerholder is a permissible appointee and living; or

(B) If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or

(II) If there is no taker under subparagraph (I) of this paragraph (b), passes under a reversionary interest to the donor or to the donor's transferee or successor in interest.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 15. Probate, Trusts, and Fiduciaries § 15-2.5-309. Capture doctrine--disposition of ineffectively appointed property under general power - last updated January 01, 2022 | https://codes.findlaw.com/co/title-15-probate-trusts-and-fiduciaries/co-rev-st-sect-15-2-5-309/

Read this complete Colorado Revised Statutes Title 15. Probate, Trusts, and Fiduciaries § 15-2.5-309. Capture doctrine--disposition of ineffectively appointed property under general power on Westlaw. Westlaw subscription required.

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