Colorado § 15-2.5-302 Intent to exercise - determining intent from residuary clause

Colorado Statutes

§ 15-2.5-302 — Intent to exercise - determining intent from residuary clause

Colorado § 15-2.5-302

Title 15Probate,

Art.Uniform Powers of Appointment Act

This text of Colorado § 15-2.5-302 (Intent to exercise - determining intent from residuary clause) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 15-2.5-302 (2026).

Text

(1)In this section:

(a)Residuary clause does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.

(b)Will includes a codicil and a testamentary instrument that revises another will.

(2)A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:

(a)The terms of the instrument containing the residuary clause do not manifest a contrary intent;

(b)The power is a general power exercisable in favor of the powerholder's estate;

(c)There is no gift-in-default clause or the clause is ineffective; and

(d)The powerholder did not release the power.

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(1) In this section:

(a) Residuary clause does not include a residuary clause containing a
blanket-exercise clause or a specific-exercise clause.

(b) Will includes a codicil and a testamentary instrument that revises
another will.

(2) A residuary clause in a powerholder's will, or a comparable clause in the
powerholder's revocable trust, manifests the powerholder's intent to exercise a
power of appointment only if:

(a) The terms of the instrument containing the residuary clause do not
manifest a contrary intent;

(b) The power is a general power exercisable in favor of the powerholder's
estate;

(c) There is no gift-in-default clause or the clause is ineffective; and

(d) The powerholder did not release the power.