Colo. Rev. Stat. § 15-5-1404

Current through Chapter 519 of the 2024 Legislative Session and Chapter 2 of the 2024 First Extraordinary Session
Section 15-5-1404 - Application to existing relationships
(1) Except as otherwise provided in this article 5, including section 15-5-508, on January 1, 2019:
(a) This article 5 applies to all trusts created before, on, or after January 1, 2019;
(b) This article 5 applies to all judicial proceedings concerning trusts commenced on or after January 1, 2019;
(c) This article 5 applies to judicial proceedings concerning trusts commenced before January 1, 2019, unless the court finds that application of a particular provision of this article 5 would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this article 5 does not apply and the superseded law applies;
(d) Any rule of construction or presumption provided in this article 5 applies to trust instruments executed before January 1, 2019, unless there is a clear indication of a contrary intent in the terms of the trust; and
(e) An act done before January 1, 2019, is not affected by this article 5.
(2) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run pursuant to any other statute before January 1, 2019, then the period prescribed by that statute as it existed prior to January 1, 2019, continues to apply to the right, even if the statute has been repealed or suspended.

C.R.S. § 15-5-1404

Amended by 2021 Ch. 170, § 4, eff. 9/7/2021.
Added by 2018 Ch. 169, § 1, eff. 1/1/2019.
2021 Ch. 170, was passed without a safety clause. See Colo. Const. art. V, § 1(3).