C.R.S. § 15-11-1209: Disclaimer of power of appointment or other power not held in fiduciary capacity.
Where this section sits in the code
- Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES
- Article 11 - Intestate Succession and Wills
- Part 12 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT
(1) If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the disclaimer applies only to that holder, and the following rules apply:
(a) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable;
(b) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power; and
(c) The instrument creating the power is construed as if the power expired when the disclaimer became effective.
Collected 2026-09-14T18:37:45Z. Source file · JSON