Source: L. 2011: Entire part added, (SB 11-165), ch. 184, p. 707, § 1, effective August 10.
Testamentary capacity was chosen as the standard for determining whether the preclusion for applying the Act's apportionment rules is extended beyond the statutory period despite the fact that a different standard is employed to determine whether a person has the capacity to execute non-testamentary instruments. Testamentary capacity is employed in the Act because it has a well established meaning and will provide a uniform standard. See Restatement (Third) of Property: Wills and Other Donative Transfers, Section 8.1 (2003).
Structure Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 12 - Probate of Wills and Administration
Part 14 - Colorado Uniform Estate Tax Apportionment Act
§ 15-12-1403. Apportionment by Will or Other Dispositive Instrument
§ 15-12-1404. Statutory Apportionment of Estate Taxes
§ 15-12-1405. Credits and Deferrals
§ 15-12-1406. Insulated Property, Advancement of Tax - Definitions
§ 15-12-1407. Apportionment and Recapture of Special Elective Benefits
§ 15-12-1408. Securing Payment of Estate Tax From Property in Possession of Fiduciary
§ 15-12-1409. Collection of Estate Tax by Fiduciary
§ 15-12-1410. Right of Reimbursement
§ 15-12-1411. Action to Determine or Enforce Part