C.R.S. Section 15-2.5-603
Application to existing relationships


(1)

Except as otherwise provided in this article, on July 1, 2015, or on the effective date of any amendment to this article:

(a)

This article or any amendment to this article applies to a power of appointment created before, on, or after July 1, 2015, or any amendment to this article;

(b)

This article or any amendment to this article applies to any proceedings in court then pending or thereafter commenced concerning a power of appointment, except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this article or any amendment to this article, in which case the particular provision of this article does not apply and the superseded law applies;

(c)

A rule of construction or presumption provided in this article or any amendment to this article applies to an instrument executed before July 1, 2015, unless there is a clear indication of a contrary intent in the terms of the instrument;

(d)

Except as otherwise provided in paragraphs (a) to (c) of this subsection (1), an action done before July 1, 2015, is not affected by this article or any amendment to this article; and

(e)

No provision of this article or of any amendment to this article shall apply retroactively if the court determines that such application would cause the provision to be retrospective in its operation in violation of section 11 of article II of the state constitution.

(2)

If a right is acquired, extinguished, or barred on the expiration of a prescribed period that commenced under law of this state other than this article or any amendment to this article before July 1, 2015, the law continues to apply to the right.

Source: Section 15-2.5-603 — Application to existing relationships, 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

§ 15-2.5-603’s source at colorado​.gov