If a class gift in favor of "descendants", "issue", or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment, in such shares as they would receive, under the applicable law of intestate succession, if the designated ancestor had then died intestate owning the subject matter of the class gift.
Source: L. 94: Entire part R&RE, p. 1021, § 3, effective July 1, 1995.
Structure Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 11 - Intestate Succession and Wills
Part 7 - Rules of Construction Applicable to Wills and Other Governing Instruments
§ 15-11-702. Requirement of Survival by One Hundred Twenty Hours
§ 15-11-703. Choice of Law as to Meaning and Effect of Governing Instrument
§ 15-11-705. Class Gifts Construed to Accord With Intestate Succession
§ 15-11-706. Nonprobate Transfers - Deceased Beneficiary
§ 15-11-707. Survivorship With Respect to Future Interests Under Terms of Trust; Substitute Takers
§ 15-11-709. By Representation; per Capita at Each Generation; per Stirpes
§ 15-11-710. Worthier-Title Doctrine Abolished
§ 15-11-711. Interests in "Heirs" and Like
§ 15-11-712. Simultaneous Death; Disposition of Property
§ 15-11-713. Construction of Wills and Trusts Containing Formula Marital Clauses