§ 15-11-705 — Class gifts construed to accord with intestate succession

Colorado § 15-11-705

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Intestate Succession and Wills

Text

(1) Definitions. In this section:

(a) Adoptee has the meaning set forth in section 15-11-115.

(b) Child of assisted reproduction has the meaning set forth in section 15-11-120.

(c) Distribution date means the date when an immediate or postponed
class gift takes effect in possession or enjoyment.

(d) Functioned as a parent of the adoptee has the meaning set forth in
section 15-11-115, substituting adoptee for child in that definition.

(e) Functioned as a parent of the child has the meaning set forth in section
15-11-115.

(f) Genetic parent has the meaning set forth in section 15-11-115.

(g) Gestational child has the meaning set forth in section 15-11-121.

(h) Relative has the meaning set forth in section 15-11-115.

(2) Terms of relationship. A class gift that uses a term of relationship to
identify the class members includes a child of assisted reproduction, a gestational
child, and, except as otherwise provided in subsections (5) and (6) of this section, an
adoptee and a child born to parents who are not married to each other, and their
respective descendants if appropriate to the class, in accordance with the rules for
intestate succession regarding parent-child relationships.

(3) Relatives by marriage. Terms of relationship in a governing instrument
that do not differentiate relationships by blood from those by marriage, such as
uncles, aunts, nieces, or nephews, standing alone shall be construed to exclude
relatives by marriage.

(4) Half-blood relatives. Terms of relationship in a governing instrument that
do not differentiate relationships by the half blood from those by the whole blood,
such as brothers, sisters, nieces, or nephews, standing alone shall be construed to
include both types of relationships.

(5) Transferor not genetic parent. In construing a dispositive provision of a
transferor who is not the genetic parent, a child of a genetic parent is not
considered the child of the genetic parent unless the genetic parent, a relative of
the genetic parent, or the spouse or surviving spouse of the genetic parent or of a
relative of the genetic parent functioned as a parent of the child before the child
reached eighteen years of age.

(6) Transferor not adoptive parent. In construing a dispositive provision of a
transferor who is not the adoptive parent, an adoptee is not considered the child of
the adoptive parent unless:

(a) The adoption took place before the adoptee reached eighteen years of
age;

(b) The adoptive parent was the adoptee's stepparent or foster parent; or

(c) The adoptive parent functioned as a parent of the adoptee before the
adoptee reached eighteen years of age.

(7) Class-closing rules. The following rules apply for purposes of the class-closing rules:

(a) A child in utero at a particular time is treated as living at that time if the
child lives one hundred twenty hours after birth.

(b) If a child of assisted reproduction or a gestational child is conceived
posthumously and the distribution date is the deceased parent's death, the child is
treated as living on the distribution date if the child lives one hundred twenty hours
after birth and was in utero not later than thirty-six months after the deceased
parent's death or born not later than forty-five months after the deceased parent's
death.

(c) An individual who is in the process of being adopted when the class
closes is treated as adopted when the class closes if the adoption is subsequently
granted.

Legislative History

Source: L. 94: Entire part R&RE, p. 1012, � 3, effective July 1, 1995. L. 2009: Entire section amended, (HB 09-1287), ch. 310, p. 1685, � 14, effective July 1, 2010. L. 2010: (3) and (4) amended, (SB 10-199), ch. 374, p. 1751, � 12, effective July 1.