reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 6 - RULES OF CONSTRUCTION APPLICABLE ONLY TO WILLS (§§ 15-11-601 — 15-11-609) › Section 15-11-601 - Scope

In the absence of a finding of a contrary intention, the rules of construction in this part 6 control the construction of a will. In the absence of a finding of a contrary intention, the provisions of sections
15-11-603
and
15-11-604
shall apply to wills and codicils executed or republished or reaffirmed on or after July 1, 1995, and prior law (sections
15-11-605
and
15-11-606
) shall apply to wills and codicils executed prior to July 1, 1995, and not republished or reaffirmed on or after that date. In the process of determining whether a contrary intention exists, the rules of construction of this part 6 shall not apply.
L. 94: Entire part R&RE, p. 1003, § 3, effective 7/1/1995. L. 95: Entire section amended, p. 356, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 6 - RULES OF CONSTRUCTION APPLICABLE ONLY TO WILLS (§§ 15-11-601 — 15-11-609) › Section 15-11-602 - Will may pass all property and after-acquired property

A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator's death.
L. 94: Entire part R&RE, p. 1003, § 3, effective 7/1/1995.
This section is similar to former § 15-11-604 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 6 - RULES OF CONSTRUCTION APPLICABLE ONLY TO WILLS (§§ 15-11-601 — 15-11-609) › Section 15-11-604 - Failure of testamentary provision

(1)
Except as provided in section
15-11-603
, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.
(2)
Except as provided in section
15-11-603
, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.
L. 94: Entire part R&RE, p. 1006, § 3, effective 7/1/1995.
This section is similar to former § 15-11-606 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 6 - RULES OF CONSTRUCTION APPLICABLE ONLY TO WILLS (§§ 15-11-601 — 15-11-609) › Section 15-11-605 - Increase in securities; accessions

(1)
If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator after the will was executed as a result of the testator's ownership of the described securities and are securities of any of the following types:
(a)
Securities of the same organization acquired by reason of action initiated by the organization or any successor, related, or acquiring organization, excluding any acquired by exercise of purchase options;
(b)
Securities of another organization acquired as a result of a merger, consolidation, reorganization, or other distribution by the organization or any successor, related, or acquiring organization; or
(c)
Securities of the same organization acquired as a result of a plan of reinvestment.
(2)
Distributions in cash before death with respect to a described security are not part of the devise.
L. 94: Entire part R&RE, p. 1006, § 3, effective 7/1/1995.
This section is similar to former § 15-11-607 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 6 - RULES OF CONSTRUCTION APPLICABLE ONLY TO WILLS (§§ 15-11-601 — 15-11-609) › Section 15-11-607 - Nonexoneration

A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.
L. 94: Entire part R&RE, p. 1008, § 3, effective 7/1/1995.
This section is similar to former § 15-11-609 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 6 - RULES OF CONSTRUCTION APPLICABLE ONLY TO WILLS (§§ 15-11-601 — 15-11-609) › Section 15-11-608 - [Repealed]

Repealed by 2014 Ch. 209, § 2, eff. 7/1/2015.
L. 94: Entire part R&RE, p. 1008, § 3, effective 7/1/1995. L. 2014: (2) added by revision, (HB 14-1353), ch. 209, pp. 782, 783, §§ 2, 5.
(1) This section was similar to former § 15-11-610 as it existed prior to 1995.
(2) Subsection (2) provided for the repeal of this section, effective July 1, 2015. (See L. 2014, pp. 782, 783.)
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 6 - RULES OF CONSTRUCTION APPLICABLE ONLY TO WILLS (§§ 15-11-601 — 15-11-609) › Section 15-11-609 - Ademption by satisfaction

(1)
Property a testator gave in his or her lifetime to a person is treated as a satisfaction of a devise in whole or in part, only if (i) the will provides for deduction of the gift, (ii) the testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise, or (iii) the devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.
(2)
For purposes of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death, whichever occurs first.
(3)
If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying sections
15-11-603
and
15-11-604
, unless the testator's contemporaneous writing provides otherwise.
L. 94: Entire part R&RE, p. 1008, § 3, effective 7/1/1995.
This section is similar to former § 15-11-612 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 7 - RULES OF CONSTRUCTION APPLICABLE TO WILLS AND OTHER GOVERNING INSTRUMENTS (§§ 15-11-701 — 15-11-713) › Section 15-11-703 - Choice of law as to meaning and effect of governing instrument

The meaning and legal effect of a governing instrument is determined by the local law of the state selected by the transferor in the governing instrument, unless the application of that law is contrary to the provisions relating to the elective-share described in part 2 of this article, the provisions relating to exempt property and allowances described in part 4 of this article, or any other public policy of this state otherwise applicable to the disposition.
L. 94: Entire part R&RE, p. 1012, § 3, effective 7/1/1995.
This section is similar to former § 15-11-602 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 7 - RULES OF CONSTRUCTION APPLICABLE TO WILLS AND OTHER GOVERNING INSTRUMENTS (§§ 15-11-701 — 15-11-713) › Section 15-11-704 - [Repealed]

Repealed by 2014 Ch. 209, § 2, eff. 7/1/2015.
L. 94: Entire part R&RE, p. 1012, § 3, effective 7/1/1995. L. 2014: (2) added by revision, (HB 14-1353), ch. 209, pp. 782, 783, §§ 2, 5.
Subsection (2) provided for the repeal of this section, effective July 1, 2015. (See L. 2014, pp. 782, 783.)
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 7 - RULES OF CONSTRUCTION APPLICABLE TO WILLS AND OTHER GOVERNING INSTRUMENTS (§§ 15-11-701 — 15-11-713) › Section 15-11-708 - Class gifts to "descendants", "issue", or "heirs of the body"; form of distribution if none specified

If a class gift in favor of "descendants", "issue", or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment, in such shares as they would receive, under the applicable law of intestate succession, if the designated ancestor had then died intestate owning the subject matter of the class gift.
L. 94: Entire part R&RE, p. 1021, § 3, effective 7/1/1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 7 - RULES OF CONSTRUCTION APPLICABLE TO WILLS AND OTHER GOVERNING INSTRUMENTS (§§ 15-11-701 — 15-11-713) › Section 15-11-710 - Worthier-title doctrine abolished

The doctrine of worthier-title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's "heirs", "heirs at law", "next of kin", "distributees", "relatives", or "family", or language of similar import, does not create or presumptively create a reversionary interest in the transferor.
L. 94: Entire part R&RE, p. 1022, § 3, effective 7/1/1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 7 - RULES OF CONSTRUCTION APPLICABLE TO WILLS AND OTHER GOVERNING INSTRUMENTS (§§ 15-11-701 — 15-11-713) › Section 15-11-711 - Interests in "heirs" and like

If an applicable statute or a governing instrument calls for a present or future distribution to, or creates a present or future interest in, a designated individual's "heirs", "heirs at law", "next of kin", "relatives", or "family", or language of similar import, the property passes to those persons in such shares as would succeed to the designated individual's intestate estate under the intestate succession law of the designated individual's domicile if the designated individual died when the donative disposition is to take effect in possession or enjoyment. If the designated individual's surviving spouse is living but is remarried at the time the interest is to take effect in possession or enjoyment, the surviving spouse is not an heir of the designated individual.
L. 94: Entire part R&RE, p. 1022, § 3, effective 7/1/1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 8 - GENERAL PROVISIONS CONCERNING PROBATE AND NONPROBATE TRANSFERS (§§ 15-11-801 — 15-11-807) › Section 15-11-801 - [Repealed]

L. 94: Entire part R&RE, p. 1024, § 3, effective 7/1/1995. L. 95: (4) amended, p. 360, § 13, effective July 1. L. 2011: Entire section repealed, (SB 11 -166), ch. 203, p. 868, § 2, effective August 10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 8 - GENERAL PROVISIONS CONCERNING PROBATE AND NONPROBATE TRANSFERS (§§ 15-11-801 — 15-11-807) › Section 15-11-802 - Effect of divorce, annulment, and decree of separation

(1)
An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death. A decree of separation that does not terminate the marriage is not a divorce for purposes of this section.
(2)
For purposes of parts 1, 2, 3, and 4 of this article, and of section
15-12-203
, a surviving spouse does not include:
(a)
An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, which decree or judgment is not recognized as valid in this state, unless subsequently they participate in a marriage ceremony purporting to marry each to the other or enter into a common-law marriage;
(b)
An individual who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony or enters into a common-law marriage with a third individual; or
(c)
An individual who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
Amended by 2022 Ch. 60, § 10, eff. 8/10/2022.
L. 94: Entire part R&RE, p. 1027, § 3, effective 7/1/1995.
This section is similar to former § 15-11-802 as it existed prior to 1995.
2022 Ch. 60, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 8 - GENERAL PROVISIONS CONCERNING PROBATE AND NONPROBATE TRANSFERS (§§ 15-11-801 — 15-11-807) › Section 15-11-805 - Ownership of personal property between spouses

(1)
For purposes of this article, tangible personal property in the joint possession or control of the decedent and his or her surviving spouse at the time of the decedent's death is presumed to be owned by the decedent and the decedent's spouse in joint tenancy with right of survivorship if ownership is not otherwise evidenced by a certificate of title, bill of sale, or other writing. This presumption shall not apply to:
(a)
Property acquired by either spouse before the marriage;
(b)
Property acquired by either spouse by gift or inheritance during the marriage;
(c)
Property used by the decedent spouse in a trade or business in which the surviving spouse has no interest; or
(d)
Property held for another.
(e)
(Deleted by amendment, L. 2002, p. 653, § 8, effective July 1, 2002.)
(2)
The presumption created in this section may be overcome by a preponderance of the evidence demonstrating that ownership was held other than in joint tenancy with right of survivorship.
L. 99: Entire section added, p. 466, § 4, effective July 1. L. 2002: Entire section amended, p. 653, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 8 - GENERAL PROVISIONS CONCERNING PROBATE AND NONPROBATE TRANSFERS (§§ 15-11-801 — 15-11-807) › Section 15-11-806 - Reformation to correct mistakes

The court may reform the terms of a governing instrument other than a trust that is governed by section
15-5-415
, even if unambiguous, to conform the terms to the transferor's intention if it is proved by clear and convincing evidence what the transferor's intent was and that the terms of the governing instrument were affected by a mistake of fact or law, whether in expression or inducement.
Amended by 2018 Ch. 169, § 10, eff. 1/1/2019.
L. 2009: Entire section added, (HB 09 -1287), ch. 310, p. 1687, § 15, effective 7/1/2010. L. 2018: Entire section amended, (SB 18-180), ch. 169, p. 1193, § 10, effective 1/1/2019.
COMMENT
Added in 2008, Section 2-805 is based on Section 415 of the Uniform Trust Code, which in turn was based on Section 12.1 of the Restatement (Third) of Property: Wills and Other Donative Transfers (2003).
Section 2-805 is broader in scope than Section 415 of the Uniform Trust Code because Section 2-805 applies but is not limited to trusts.
Section 12.1, and hence Section 2-805, is explained and illustrated in the Comments to Section 12.1 of the Restatement and also, in the case of a trust, in the Comment to Section 415 of the Uniform Trust Code.
For provisions relating to the time of taking effect or the provisions for transition of this code, see § 15-17-101 .
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 8 - GENERAL PROVISIONS CONCERNING PROBATE AND NONPROBATE TRANSFERS (§§ 15-11-801 — 15-11-807) › Section 15-11-807 - Modification to achieve transferor's tax objectives

To achieve the transferor's tax objectives, the court may modify the terms of a governing instrument other than a trust that is governed by section
15-5-416
in a manner that is not contrary to the transferor's probable intention. The court may provide that the modification has retroactive effect.
Amended by 2018 Ch. 169, § 11, eff. 1/1/2019.
L. 2009: Entire section added, (HB 09 -1287), ch. 310, p. 1687, § 15, effective 7/1/2010. L. 2018: Entire section amended, (SB 18-180), ch. 169, p. 1193, § 11, effective 1/1/2019.
COMMENT
Added in 2008, Section 2-806 is based on Section 416 of the Uniform Trust Code, which in turn was based on Section 12.2 of the Restatement (Third) of Property: Wills and Other Donative Transfers (2003).
Section 2-806 is broader in scope than Section 416 of the Uniform Trust Code because Section 2-806 applies but is not limited to trusts.
Section 12.2, and hence Section 2-806, is explained and illustrated in the Comments to Section 12.2 of the Restatement and also, in the case of a trust, in the Comment to Section 416 of the Uniform Trust Code.
For provisions relating to the time of taking effect or the provisions for transition of this code, see § 15-17-101 .
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 10 - INTERNATIONAL WILLS (§§ 15-11-1001 — 15-11-1011) › Section 15-11-1001 - Short title

This part 10 shall be known and may be cited as the "Uniform International Wills Act".
L. 89: Entire part added, p. 811, § 1, effective April 17.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 10 - INTERNATIONAL WILLS (§§ 15-11-1001 — 15-11-1011) › Section 15-11-1002 - Definitions

As used in this part 10, unless the context otherwise requires:
(1)
"Authorized person" and "person authorized to act in connection with international wills" means a person who, by section
15-11-1010
or the laws of the United States, including members of the diplomatic and consular service of the United States designated by Foreign Service Regulations, is empowered to supervise the execution of international wills.
(2)
"International will" means a will executed in conformity with sections
15-11-1003
to
15-11-1006
.
L. 89: Entire part added, p. 811, § 1, effective April 17.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 10 - INTERNATIONAL WILLS (§§ 15-11-1001 — 15-11-1011) › Section 15-11-1003 - International wills - validity

(1)
A will is valid as regards form irrespective particularly of the place where it is made, of the location of the assets, and of the nationality, domicile, or residence of the testator, if it is made in the form of an international will complying with the requirements of this part 10.
(2)
The invalidity of a will as an international will does not affect its formal validity as a will of another kind.
(3)
This part 10 does not apply to the form of testamentary dispositions made by two or more persons in one instrument.
L. 89: Entire part added, p. 811, § 1, effective April 17.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 10 - INTERNATIONAL WILLS (§§ 15-11-1001 — 15-11-1011) › Section 15-11-1004 - International wills - requirements

(1)
An international will shall be made in writing. It need not be written by the testator himself. It may be written in any language by hand or by any other means.
(2)
A testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is his will and that he knows the contents thereof. Such testator need not inform the witnesses or the authorized person of the contents of the will.
(3)
In the presence of the witnesses and of the authorized person the testator shall sign the will or, if he has previously signed it, shall acknowledge his signature.
(4)
If the testator is unable to sign, the absence of his signature shall not affect the validity of the international will if such testator indicates the reason for his inability to sign and the authorized person makes note thereof on the will. In such case, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator, to sign the testator's name for him if the authorized person makes note of this on the will, but it is not required that any person sign the testator's name for him.
(5)
The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.
(6)
The provisions of section
15-11-501
shall apply.
L. 89: Entire part added, p. 812, § 1, effective April 17.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 10 - INTERNATIONAL WILLS (§§ 15-11-1001 — 15-11-1011) › Section 15-11-1005 - International wills - other points of form

(1)
All the signatures shall be placed at the end of the will. If the will consists of several sheets, each sheet must be signed by the testator or, if he is unable to sign, by the person signing on his behalf or, if there is no such person, by the authorized person. In addition, each sheet must be numbered.
(2)
The date of the will shall be the date of its signature by the authorized person. Such date shall be noted at the end of the will by the authorized person.
(3)
The authorized person shall ask the testator whether he wishes to make a declaration concerning the safekeeping of his will. If so and at the express request of the testator, the place where he intends to have his will kept shall be mentioned in the certificate provided for in section
15-11-1006
.
(4)
A will executed in compliance with section
15-11-1004
shall not be invalid as an international will merely because it does not comply with this section.
L. 89: Entire part added, p. 812, § 1, effective April 17.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 10 - INTERNATIONAL WILLS (§§ 15-11-1001 — 15-11-1011) › Section 15-11-1006 - Certificate that requirements for an international will have been met

(1)
The authorized person shall attach to the will a certificate to be signed by him establishing that the requirements of this part 10 for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver another to the testator.
(2)
The certificate shall be substantially in the following form:
CERTIFICATE
1.
I, _______________ (name, address, and capacity), a person authorized to act in connection with international wills,
2.
certify that on ______ (date) at ___________ (place)
3.
(testator)___________________________________________________________ (name, address, and date and place of birth) in my presence and that of the witnesses
4.
(a)
_____________ (name, address, and date and place of birth)
(b)
_____________ (name, address, and date and place of birth) has declared that the attached document is his will and that he knows the contents thereof.
*(c)
______________ (social security number or any other individual-identifying number established by law)
5.
I furthermore certify that:
6.
(a)
In my presence and in that of the witnesses
(1)
the testator has signed the will or has acknowledged his signature previously affixed.
*(2)
following a declaration of the testator stating that he was unable to sign his will for the following reason _________________________, I have mentioned this declaration on the will,
* and the signature has been affixed by ______________ (name and address) (to be completed if testator unable to sign)
7.
(b)
the witnesses and I have signed the will;
8.
*(c)
each page of the will has been signed by _______________ and numbered (to be completed if testator unable to sign);
9.
(d)
I have satisfied myself as to the identity of the testator and of the witnesses as designated above;
10.
(e)
the witnesses met the conditions requisite to act as such according to the law under which I am acting;
*(f)
the intended place of deposit of safekeeping of the instrument pending the death of the testator is _________________.
11.
*(g)
the testator has requested me to include the following statement concerning the safekeeping of his will:
12.
PLACE OF EXECUTION
13.
DATE
14.
SIGNATURE
* to be completed if appropriate
L. 89: Entire part added, p. 812, § 1, effective April 17.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 10 - INTERNATIONAL WILLS (§§ 15-11-1001 — 15-11-1011) › Section 15-11-1007 - Effect of certificate

In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under this part 10. The absence or irregularity of a certificate does not affect the formal validity of a will under this part 10.
L. 89: Entire part added, p. 814, § 1, effective April 17.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 10 - INTERNATIONAL WILLS (§§ 15-11-1001 — 15-11-1011) › Section 15-11-1008 - Revocation

An international will is subject to the rules of revocation of wills set forth in part 5 of this article.
L. 89: Entire part added, p. 814, § 1, effective April 17.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 10 - INTERNATIONAL WILLS (§§ 15-11-1001 — 15-11-1011) › Section 15-11-1009 - Source and construction of this part

Sections 15-11-1001 to 15-11-1008 derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this part 10, regard shall be had to its international origin and to the need for uniformity in its interpretation.
L. 89: Entire part added, p. 814, § 1, effective April 17.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 10 - INTERNATIONAL WILLS (§§ 15-11-1001 — 15-11-1011) › Section 15-11-1010 - Persons authorized to act in relation to international will - eligibility - recognition by authorizing agency

Individuals who have been admitted to practice law before the courts of this state and are currently licensed so to do are authorized persons in relation to international wills.
L. 89: Entire part added, p. 814, § 1, effective April 17.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 10 - INTERNATIONAL WILLS (§§ 15-11-1001 — 15-11-1011) › Section 15-11-1011 - Filing of international will - certificate and deposit of will

(1)
(a)
The authorized person may file, at the time the international will is made, a completed copy of the certificate required by this part 10 with the clerk of the court having probate jurisdiction in the county in which the testator is domiciled.
(b)
If the testator is not domiciled in Colorado, the authorized person may file the completed copy of the certificate with the clerk of the court having probate jurisdiction in the county where the international will was executed.
(c)
The failure of the authorized person to correctly file a properly completed certificate with the appropriate court shall not in and of itself invalidate the international will.
(2)
Nothing in this section shall be construed to limit the ability of the testator or the testator's agent to deposit an international will with any court for safekeeping as authorized in section
15-11-515
.
L. 89: Entire part added, p. 814, § 1, effective April 17. L. 94: (2) amended, p. 1037, § 8, effective 7/1/1995.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 11 - COLORADO STATUTORY RULE AGAINST PERPETUITIES ACT (§§ 15-11-1101 — 15-11-1107) › Section 15-11-1101 - Short title

This part 11 shall be known and may be cited as the "Colorado Statutory Rule Against Perpetuities Act".
L. 91: Entire part added, p. 1445, § 9, effective May 31.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 11 - COLORADO STATUTORY RULE AGAINST PERPETUITIES ACT (§§ 15-11-1101 — 15-11-1107) › Section 15-11-1102 - [Repealed]

L. 91: Entire part added, p. 1445, § 9, effective May 31. L. 2001: (1) amended, p. 888, § 4, effective June 1. L. 2006: (6) and (7) added, p. 377, § 7, effective July 1.
Subsection (7) provided for the repeal of this section, effective July 1, 2008. (See L. 2006, p. 377.)
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 11 - COLORADO STATUTORY RULE AGAINST PERPETUITIES ACT (§§ 15-11-1101 — 15-11-1107) › Section 15-11-1103 - When nonvested property interest or power of appointment created

(1)
Except as provided in subsections (2) and (3) of this section and in sections
15-11-1102.5(3)(a)
and
15-11-1106(1)
, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.
(2)
For purposes of this part 11, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of either a nonvested property interest or a property interest subject to a power of appointment described in section
15-11-1102(2) or (3)
, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. For purposes of this part 11, a joint power with respect to community property or to marital property under the "Uniform Marital Property Act" held by individuals married to each other is a power exercisable by one person alone.
(3)
For purposes of this part 11, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
L. 91: Entire part added, p. 1446, § 9, effective May 31. L. 2006: (1) amended, p. 381, § 11, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 11 - COLORADO STATUTORY RULE AGAINST PERPETUITIES ACT (§§ 15-11-1101 — 15-11-1107) › Section 15-11-1104 - [Repealed]

L. 91: Entire part added, p. 1446, § 9, effective May 31. L. 2006: (2) and (3) added, p. 380, § 9, effective July 1.
Subsection (3) provided for the repeal of this section, effective July 1, 2008. (See L. 2006, p. 380.)
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 11 - COLORADO STATUTORY RULE AGAINST PERPETUITIES ACT (§§ 15-11-1101 — 15-11-1107) › Section 15-11-1104.5 - Reformation

(1)
Year 2001 rule.
Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the one thousand years allowed by section
15-11-1102.5(1)(b)(I), (1)(b)(II), or (1)(b)(III)
if:
(a)
A nonvested property interest or a power of appointment becomes invalid under section
15-11-1102.5(1)(b)
; or
(b)
A class gift is not, but might become, invalid under section
15-11-1102.5(1)(b)
, and the time has arrived when the share of any class member is to take effect in possession or enjoyment.
(2)
Year 1991 rule.
Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the ninety years allowed by section
15-11-1102.5(2)(b)(I)(B), (2)(b)(II)(B), or (2)(b)(III)(B)
if:
(a)
A nonvested property interest or a power of appointment becomes invalid under section
15-11-1102.5(2)(b)
;
(b)
A class gift is not, but might become, invalid under section
15-11-1102.5(2)(b)
, and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
(c)
A nonvested property interest that is not validated by section
15-11-1102.5(2)(b)(I)(A)
can vest but not within ninety years after its creation.
L. 2006: Entire section added, p. 380, § 10, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 11 - COLORADO STATUTORY RULE AGAINST PERPETUITIES ACT (§§ 15-11-1101 — 15-11-1107) › Section 15-11-1105 - Exclusions from statutory rule against perpetuities

(1)
The statutory rule against perpetuities, as set forth in sections
15-11-1102
and
15-11-1102.5
, does not apply to invalidate:
(a)
A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of:
(I)
A premarital or postmarital agreement;
(II)
A separation or divorce settlement;
(III)
A spouse's election;
(IV)
A similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties;
(V)
A contract to make or not to revoke a will or trust;
(VI)
A contract to exercise or not to exercise a power of appointment; or
(VII)
A transfer in satisfaction of a duty of support.
(VIII)
(Deleted by amendment, L. 2006, p. 381, § 12, effective July 1, 2006.)
(b)
A fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income;
(c)
A power to appoint a fiduciary;
(d)
A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;
(e)
A nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;
(f)
A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; or
(g)
A property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state.
L. 91: Entire part added, p. 1447, § 9, effective May 31. L. 2006: IP(1) and (1)(a) amended, p. 381, § 12, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 11 - COLORADO STATUTORY RULE AGAINST PERPETUITIES ACT (§§ 15-11-1101 — 15-11-1107) › Section 15-11-1106 - Prospective application

(1)
Except as extended by subsection (2) of this section, this part 11 applies to a nonvested property interest or a power of appointment that is created on or after May 31, 1991. For purposes of this section and section
15-11-1107
, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
(2)
If a nonvested property interest or a power of appointment was created before May 31, 1991, and is determined in a judicial proceeding, commenced on or after May 31, 1991, to violate this state's rule against perpetuities as that rule existed before May 31, 1991, a court upon the petition of an interested person shall reform the disposition by inserting a saving clause that preserves most closely the transferor's manifested plan of distribution and that brings that plan within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.
L. 91: Entire part added, p. 1448, § 9, effective May 31. L. 2006: (1) amended, p. 381, § 13, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 11 - COLORADO STATUTORY RULE AGAINST PERPETUITIES ACT (§§ 15-11-1101 — 15-11-1107) › Section 15-11-1106.5 - Retroactive application of certain provisions - notice of election

(1)
Sections
15-11-1102.5
and
15-11-1104.5
shall apply retroactively with respect to an interest in a trust or a power of appointment over all or any part of a trust, which interest or power was created before July 1, 2006, unless a person who owns or holds such interest or power makes and delivers a notice of election as provided in this section.
(2)
(a)
The notice of election pursuant to subsection (1) of this section shall be a written statement of such person's election against the retroactive application of sections
15-11-1102.5
and
15-11-1104.5
. The notice of election shall include a reference to this section, the name and date of the trust, the names of the settlor and the trustee of the trust, a description of the interest or power, and the name and address of the person making the election. The notice of election shall be signed and acknowledged by such person.
(b)
The notice of election shall be delivered to a trustee of such trust on or before July 1, 2008. If there is no person serving as trustee at the time delivery is to be made, the notice of election may instead be delivered to a person authorized to appoint a successor trustee of the trust. When the successor trustee is appointed, the person to whom the notice of election was delivered shall deliver it to the successor trustee.
(c)
The notice of election shall be considered delivered to the person to whom delivery is required to be made when the notice of election or a copy thereof is delivered in person or when mailed by registered or certified mail, return receipt requested, to such person.
(d)
The trustee of the trust shall file the notice of election with the records maintained by the trustee for the trust. There shall be a rebuttable presumption that the notice of election was not delivered as provided in this section unless the notice of election or a copy of such notice is in the records of the trust maintained by the trustee.
(3)
No fiduciary for any trust, estate, individual, or other person with an interest, right, or power affected by the retroactive application of such amendments shall be required to make such election, nor shall such fiduciary be held responsible for not making such election.
L. 2006: Entire section added, p. 392, § 27, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 11 - COLORADO STATUTORY RULE AGAINST PERPETUITIES ACT (§§ 15-11-1101 — 15-11-1107) › Section 15-11-1107 - Uniformity of application and construction

(1)
This part 11 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part 11 among states enacting the "Uniform Statutory Rule Against Perpetuities Act". With respect to any matter relating to the validity of an interest within the rule against perpetuities, unless a contrary intent appears, it shall be presumed that the transferor of the interest intended that the interest be valid.
(2)
This part 11 supersedes and abolishes the rule of the common law known as the rule against perpetuities for nonvested interests created after May 31, 1991.
L. 91: Entire part added, p. 1448, § 9, effective May 31. L. 2006: (2) amended, p. 382, § 14, effective July 1.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 12 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 15-11-1201 — 15-11-1218) › Section 15-11-1201 - Short title

This part 12 shall be known and may be cited as the "Uniform Disclaimer of Property Interests Act".
L. 2011: Entire part added, (SB 11-166), ch. 203, p. 859, §1, effective August 10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 12 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 15-11-1201 — 15-11-1218) › Section 15-11-1202 - Definitions

As used in this part 12, unless the context otherwise requires:
(1)
"Disclaimant" means the person to whom a disclaimed interest or power would have passed if the disclaimer had not been made.
(2)
"Disclaimed interest" means the interest that would have passed to the disclaimant if the disclaimer had not been made.
(3)
"Disclaimer" means the refusal to accept an interest in or power over property.
(4)
"Fiduciary" means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person.
(5)
"Jointly held property" means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property.
(6)
"Person" means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
(7)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band or an Alaskan native village recognized by federal law or formally acknowledged by a state.
(8)
"Trust" means:
(a)
An express trust, charitable or noncharitable, with additions thereto, whenever and however created; and
(b)
A trust created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust.
L. 2011: Entire part added, (SB 11-166), ch. 203, p. 859, §1, effective August 10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 12 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 15-11-1201 — 15-11-1218) › Section 15-11-1203 - Scope

This part 12 applies to disclaimers of any interest in or power over property, whenever created.
L. 2011: Entire part added, (SB 11-166), ch. 203, p. 860, §1, effective August 10.
2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › COLORADO PROBATE CODE (§§ 15-10-101 — 15-17-103) › Article 11 - INTESTATE SUCCESSION AND WILLS (§§ 15-11-101 — 15-11-1311) › Part 12 - UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (§§ 15-11-1201 — 15-11-1218) › Section 15-11-1204 - Part supplemented by other law

(1)
Unless displaced by a provision of this part 12, the principles of law and equity supplement this part 12.
(2)
This part 12 does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than this part 12.
L. 2011: Entire part added, (SB 11-166), ch. 203, p. 860, §1, effective August 10.