Substantial compliance with donor-imposed formal requirement.

  1. Law
  2. Colorado Revised Statutes
  3. Probate, Trusts, And Fiduciaries
  4. Uniform Powers of Appointment Act
  5. Substantial compliance with donor-imposed formal requirement.

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(1) A powerholder's substantial compliance with a formal requirement of appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if:

  1. The powerholder knows of and intends to exercise the power; and

  2. The powerholder's manner of attempted exercise of the power does not impair amaterial purpose of the donor in imposing the requirement.

Source: L. 2014: Entire article added, (HB 14-1353), ch. 209, p. 777, § 1, effective July 1, 2015.


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