§ 15-11-701 — Scope

For the purposes of this part 7, the term governing
instrument shall be as defined in section 15-10-201 (22); except:

(1) Governing instrument shall not include a deed that transfers any
interest in real property; however, section 15-11-712 shall apply to such deeds.

(2) As the application of a particular section is limited by its terms to a
specific type of provision or governing instrument. In the absence of a finding of a
contrary intention, the rules of construction in this part 7 control the construction of
a governing instrument executed or republished or reaffirmed on or after July 1,
1995, and the rules of construction under prior law control the construction of a
governing instrument executed prior to July 1, 1995, and not a governing instrument
republished or reaffirmed after that date. In the process of determining whether a
contrary intention exists, the rules of construction of this part 7 shall not apply.

(3) In the absence of a finding of a contrary intention, the rules of
construction in section 15-11-705 apply to a governing instrument executed or
republished or reaffirmed on or after July 1, 2010, and the rules of construction
under section 15-11-705, as it existed prior to July 1, 2010, apply to a governing
instrument executed prior to July 1, 2010, and not republished or reaffirmed after
that date.

Legislative History

Source: L. 94: Entire part R&RE, p. 1009, � 3, effective July 1, 1995. L. 95: (2) amended, p. 357, � 8, effective July 1. L. 2010: (1) amended and (3) added, (SB 10-199), ch. 374, p. 1750, � 11, effective July 1.