Exception to presumption of unlimited authority.

  1. Law
  2. Colorado Revised Statutes
  3. Probate, Trusts, And Fiduciaries
  4. Uniform Powers of Appointment Act
  5. Exception to presumption of unlimited authority.

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(1) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if:

  1. The power is exercisable only at the powerholder's death; and

  2. The permissible appointees of the power are a defined and limited class that does notinclude the powerholder's estate, the powerholder's creditors, or the creditors of the powerholder's estate.

Source: L. 2014: Entire article added, (HB 14-1353), ch. 209, p. 775, § 1, effective July 1, 2015.


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