{"data":{"id":"us-co/c.r.s.-15-16-903","jurisdiction":"us-co","citation":"C.R.S. § 15-16-903","heading":"Scope - definitions.","body":"(1) Except as otherwise provided in subsections (2) and (3) of this section, this part 9 applies to an express trust that is:\n\n(a) Irrevocable; or\n\n(b) Revocable by the settlor only with the consent of the trustee or a person holding an adverse interest.\n\n(2) This part 9 does not apply to a trust held solely for charitable purposes.\n\n(3) Subject to section 15-16-915, a trust instrument may restrict or prohibit exercise of the decanting power.\n\n(4) This part 9 does not limit the power of a trustee, powerholder, or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, law of this state other than this part 9, common law, a court order, or a nonjudicial settlement agreement.\n\n(5) This part 9 does not affect the ability of a settlor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument.\n\n(6) (a) Neither this part 9 nor an exercise of the decanting power described in this part 9 affects:\n\n(I) The determination whether a beneficial interest in a first trust or second trust is property or an asset of a spouse for purposes of distribution of property under section 14-10-113, C.R.S.; or\n\n(II) The power of a divorce court to fashion remedies between the parties in an action under title 14, C.R.S.\n\n(b) Nothing in this subsection (6) expands or limits the power of a divorce court in law or equity over a first trust or a second trust or any trustee thereof.\n\n(c) As used in this subsection (6), unless the context requires otherwise, \"divorce court\" means a court in this state having jurisdiction over matters brought pursuant to title 14, C.R.S.","path":["Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES","Article 16 - Trust Administration","Part 9 - COLORADO UNIFORM TRUST DECANTING ACT"],"source_url":"https://olls.info/crs/crs2026-title-15.htm","current_through":"Colorado Revised Statutes 2026","vintage":"","retrieved_at":"2026-09-14T18:37:45Z","sha256":"e2f3a152813ab9534a1037ffeb0417912f39db61207c8a4b43f51a5eb7efaf87","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-15-16-902","next":"us-co/c.r.s.-15-16-904"},"notice":"GroundRules: Original legal text. Not legal advice."}