Reformation.

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(1) Year 2001 rule. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the one thousand years allowed by section 15-11-1102.5 (1)(b)(I), (1)(b)(II), or (1)(b)(III) if:

  1. A nonvested property interest or a power of appointment becomes invalid under section 15-11-1102.5 (1)(b); or

  2. A class gift is not, but might become, invalid under section 15-11-1102.5 (1)(b), andthe time has arrived when the share of any class member is to take effect in possession or enjoyment.

(2) Year 1991 rule. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the ninety years allowed by section 15-11-1102.5 (2)(b)(I)(B), (2)(b)(II)(B), or (2)(b)(III)(B) if:

  1. A nonvested property interest or a power of appointment becomes invalid under section 15-11-1102.5 (2)(b);

  2. A class gift is not, but might become, invalid under section 15-11-1102.5 (2)(b), andthe time has arrived when the share of any class member is to take effect in possession or enjoyment; or

  3. A nonvested property interest that is not validated by section 15-11-1102.5

(2)(b)(I)(A) can vest but not within ninety years after its creation.

Source: L. 2006: Entire section added, p. 380, § 10, effective July 1.


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