C.R.S. Section 15-2.5-309
Capture doctrine

  • disposition of ineffectively appointed property under general power

(1)

To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:

(a)

The gift-in-default clause controls the disposition of the ineffectively appointed property; or

(b)

If there is no gift-in-default clause, or to the extent the clause is ineffective, the ineffectively appointed property:

(I)

Passes to:

(A)

The powerholder if the powerholder is a permissible appointee and living; or

(B)

If the powerholder is an impermissible appointee or deceased, the powerholder’s estate if the estate is a permissible appointee; or

(II)

If there is no taker under subparagraph (I) of this paragraph (b), passes under a reversionary interest to the donor or to the donor’s transferee or successor in interest.

Source: Section 15-2.5-309 — Capture doctrine - disposition of ineffectively appointed property under general power, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-15.­pdf (accessed Oct. 20, 2023).

15‑2.5‑101
Short title 15‑2.5‑102
Definitions 15‑2.5‑103
Governing law 15‑2.5‑104
Supplementation by common law and principles of equity 15‑2.5‑201
Creation of power of appointment 15‑2.5‑202
Nontransferability 15‑2.5‑203
Presumption of unlimited authority 15‑2.5‑204
Exception to presumption of unlimited authority 15‑2.5‑205
Rules of classification - definitions 15‑2.5‑206
Power of the donor to revoke or amend 15‑2.5‑301
Requisites for exercise of power of appointment 15‑2.5‑302
Intent to exercise - determining intent from residuary clause 15‑2.5‑303
Intent to exercise - after-acquired power 15‑2.5‑304
Substantial compliance with donor-imposed formal requirement 15‑2.5‑305
Permissible appointment 15‑2.5‑306
Appointment to deceased appointee or permissible appointee’s descendant 15‑2.5‑307
Impermissible appointment 15‑2.5‑308
Selective allocation doctrine 15‑2.5‑309
Capture doctrine - disposition of ineffectively appointed property under general power 15‑2.5‑310
Disposition of unappointed property under released or unexercised general power 15‑2.5‑311
Disposition of unappointed property under released or unexercised nongeneral power 15‑2.5‑312
Disposition of unappointed property if partial appointment to taker in default 15‑2.5‑313
Appointment to taker in default 15‑2.5‑314
Powerholder’s authority to revoke or amend exercise 15‑2.5‑401
Disclaimer 15‑2.5‑402
Authority to release 15‑2.5‑403
Method of release 15‑2.5‑404
Revocation or amendment of release 15‑2.5‑405
Power to contract - presently exercisable power of appointment 15‑2.5‑406
Power to contract - power of appointment not presently exercisable 15‑2.5‑601
Uniformity of application and construction 15‑2.5‑602
Relation to electronic signatures in global and national commerce act 15‑2.5‑603
Application to existing relationships
Green check means up to date. Up to date

Current through Fall 2024

§ 15-2.5-309’s source at colorado​.gov