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§ 15-11-1209. Disclaimer of power of appointment or other power not held in fiduciary capacity

CO Rev Stat § 15-11-1209 (2018) (N/A)
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(1) If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the disclaimer applies only to that holder, and the following rules apply:

(a) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable;

(b) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power; and

(c) The instrument creating the power is construed as if the power expired when the disclaimer became effective.

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§ 15-11-1210. Disclaimer by appointee, object, or taker in default of exercise of power of appointment