C.R.S. § 15-2.5-403: Method of release.
Where this section sits in the code
- Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES
- Article 2.5 - Uniform Powers of Appointment Act
- Part 4 - DISCLAIMER OR RELEASE; CONTRACT TO APPOINT OR NOT TO APPOINT
(1) A powerholder of a releasable power of appointment may release the power in whole or in part:
(a) By substantial compliance with a method provided in the terms of the instrument creating the power; or
(b) If the terms of the instrument creating the power do not provide a method, or the method provided in the terms of the instrument is not expressly made exclusive, by:
(I) Delivering a writing declaring the extent to which the power is released to a person who could be adversely affected by an exercise of the power;
(II) Joining with some or all of the takers in default in making an otherwise-effective transfer of an interest in the property that is subject to the power, in which case the power is released to the extent that a subsequent exercise of the power would defeat the interest transferred;
(III) Contracting with a person who could be adversely affected by an exercise of the power not to exercise the power, in which case the power is released to the extent that a subsequent exercise of the power would violate the terms of the contract; or
(IV) Communicating in any other appropriate manner an intent to release the power, in which case the power is released to the extent that a subsequent exercise of the power would be contrary to manifested intent.
Collected 2026-09-14T18:37:45Z. Source file · JSON