2023 Colorado Revised Statutes › Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES (§§ 15-1-101 — 15-24-403) › POWERS OF APPOINTMENT (§§ 15-2-101 — 15-2.5-603) › Article 2.5 - UNIFORM POWERS OF APPOINTMENT ACT (§§ 15-2.5-101 — 15-2.5-603) › Part 6 - MISCELLANEOUS PROVISIONS (§§ 15-2.5-601 — 15-2.5-603) › 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article or any amendment to this article, in which case the particular provision of this article does not apply and the superseded law applies;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.
Amended by 2016 Ch. 210, § 24, eff. 6/6/2016.
Added by 2014 Ch. 209, § 1, eff. 7/1/2015.
L. 2014: Entire article added, (HB 14-1353), ch. 209, p. 782, § 1, effective 7/1/2015. L. 2016: IP(1) amended, (SB 16-189), ch. 210, p. 758, § 24, effective June 6.
OFFICIAL COMMENT
This act is intended to have the widest possible effect within constitutional limitations. Specifically, the act applies to all powers of appointment whenever created, to judicial proceedings concerning powers of appointment commenced on or after its effective date, and unless the court otherwise orders, to judicial proceedings in progress on the effective date. In addition, any rules of construction or presumption provided in the act apply to preexisting instruments unless there is a clear indication of a contrary intent in the instruments's terms. By applying the act to preexisting instruments, the need to know two bodies of law will quickly lessen.
This legislation cannot be fully retroactive, however. Constitutional limitations preclude retroactive application of rules of construction to alter property rights that became irrevocable prior to the effective date. Also, rights already barred under former law are not revived by a possibly more liberal rule under this act. Nor, except as otherwise provided in paragraphs (a) through (c) of subsection (1), is an action done before the effective date of the act affected by the act's enactment.
For comparable Uniform Law provisions, see Uniform Trust Code § 1106 and Uniform Probate Code § 8-101.