(1) In this section: (a) “Residuary clause” does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause. (b) “Will” includes a codicil and a testamentary instrument that revises another will. (2) A residuary clause in a powerholder’s will, or a comparable clause in the powerholder’s revocable trust, manifests the powerholder’s intent to exercise a power of appointment only if: (a) The terms of the instrument containing the residuary clause do not manifest a contrary intent; (b) The power is a general power exercisable in favor of the powerholder’s estate; (c) There is no gift-in-default clause or the clause is ineffective; and (d) The powerholder did not release the power.
C.R.S. § 15-2.5-302
Intent to exercise
Known as the Colorado Uniform Powers of Appointment Act
The act spans §§ 15-2.5-101 to 15-2.5-603 (33 sections).
Digitized from: Public.Law — Colorado Revised Statutes. Reproduced from public-domain Colorado statutes; confirm against the official source for the current text. Not legal advice.