Colo. Rev. Stat. § 15-11-1104.5

Current through Acts effective through 6/7/2024 of the 2024 Legislative Session
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.

C.R.S. § 15-11-1104.5

L. 2006: Entire section added, p. 380, § 10, effective July 1.