C.R.S. Section 15-16-912
Decanting power under limited distributive discretion

  • definitions

(1)

As used in this section, unless the context otherwise requires, “limited distributive discretion” means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard.

(2)

An authorized fiduciary that has limited distributive discretion over the principal of the first trust for benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust.

(3)

Under this section and subject to section 15-16-914, a second trust may be created or administered under the law of any jurisdiction. Under this section, the second trusts, in the aggregate, must grant each beneficiary of the first trust beneficial interests which are substantially similar to the beneficial interests of the beneficiary in the first trust.

(4)

A power to make a distribution under a second trust for the benefit of a beneficiary who is an individual is substantially similar to a power under the first trust to make a distribution directly to the beneficiary. A distribution is for the benefit of a beneficiary if:

(a)

The distribution is applied for the benefit of the beneficiary;

(b)

The beneficiary is under a legal disability or the trustee reasonably believes the beneficiary is incapacitated, and the distribution is made as permitted under other law of this state; or

(c)

The distribution is made as permitted under the terms of the first-trust instrument and the second-trust instrument for the benefit of the beneficiary.

(5)

If an authorized fiduciary has limited distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the principal over which the authorized fiduciary has limited distributive discretion.

Source: Section 15-16-912 — Decanting power under limited distributive discretion - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-15.­pdf (accessed Oct. 20, 2023).

15‑16‑801
Short title 15‑16‑802
Definitions 15‑16‑803
Application - principal place of administration 15‑16‑804
Common law and principles of equity 15‑16‑805
Exclusions - definition 15‑16‑806
Powers of trust director 15‑16‑807
Limitations on powers of trust director 15‑16‑808
Duty and liability of trust director 15‑16‑809
Duty and liability of directed trustee 15‑16‑810
Duty to provide information to trust director or trustee 15‑16‑811
No duty to monitor, inform, or advise 15‑16‑812
Application to cotrustee 15‑16‑813
Limitations of action against trust director 15‑16‑814
Defenses in action against trust director 15‑16‑815
Jurisdiction over trust director 15‑16‑816
Office of trust director 15‑16‑817
Uniformity of application and construction 15‑16‑818
Relation to electronic signatures in global and national commerce act 15‑16‑901
Short title 15‑16‑902
Definitions 15‑16‑903
Scope - definitions 15‑16‑904
Fiduciary duty 15‑16‑905
Application - governing law 15‑16‑906
Reasonable reliance 15‑16‑907
Notice - exercise of decanting power 15‑16‑908
Representation 15‑16‑909
Court involvement 15‑16‑910
Formalities 15‑16‑911
Decanting power under expanded distributive discretion - definitions 15‑16‑912
Decanting power under limited distributive discretion - definitions 15‑16‑913
Trust for beneficiary with disability - definitions 15‑16‑914
Protection of charitable interest - definitions 15‑16‑915
Trust limitation on decanting 15‑16‑916
Change in compensation 15‑16‑917
Relief from liability and indemnification 15‑16‑918
Removal or replacement of authorized fiduciary 15‑16‑919
Tax-related limitations - definitions 15‑16‑920
Duration of second trust 15‑16‑921
Need to distribute not required 15‑16‑922
Saving provision 15‑16‑923
Trust for care of animal - definitions 15‑16‑924
Terms of second trust 15‑16‑925
Settlor 15‑16‑926
Later-discovered property 15‑16‑927
Obligations 15‑16‑928
Uniformity of application and construction 15‑16‑929
Relation to electronic signatures in global and national commerce act 15‑16‑930
Severability
Green check means up to date. Up to date

Current through Fall 2024

§ 15-16-912’s source at colorado​.gov