Contributors: Estate Planning Forms Committee - CBA Trust & Estate Section
Publisher: CBA-CLE Books (CLE in Colorado, Inc.)
Supplement Publication Date: August 2016
About the Supplement:
The 2016 Supplement is the sixth update to The Orange Book – Colorado Estate Planning Forms, Seventh Edition:
- New sections were added concerning powers of appointment and digital assets.
- Will and Trust Forms. All will and trust forms were updated based on the enactment of the Colorado Uniform Powers of Appointment Act, C.R.S. ยงยง 15-2.5-101, et seq. References to “special” were changed to “nongeneral” to correspond with statutory language. Definition and administration provisions were updated to ensure the Act applies to powers of appointment created under the various forms. Notes on Use concerning powers of appointment were changed to emphasize appropriate terminology under the Act.
- Tab B, “Special Provisions.”A new section with corresponding Notes on Use was added concerning powers over and dispositions of digital assets. Additionally, a new section and Note on Use were added concerning the potential appointment of trust advisors under inter vivos trusts and testamentary trusts.
- Civil Unions. The caveat section entitled “Considerations for Use of Forms for Partners in a Civil
Union” was updated to reflect recent changes concerning the recognition of same sex marriage under both federal law and Colorado law and the effect of the same on planning. Additionally, the gray boxes in Forms 9 and 13A and the applicable notes on use in Forms 13B, 22B, and Tab D were updated based on such changes.
- Form 9, “Marital Deduction Will,” Form 13A, “Revocable Marital Deduction Trust,” and Tab A, “General and Administrative Provisions.” The “Grant” clauses under Forms 9 and 13A and Note on Use 13 on Tab A were updated to address the provision of flexibility to fiduciaries for achieving income tax savings on capital gains.
- Form 13C, “Non-Tax Planning Joint Trust.” A new joint trust form was adopted by the Orange Book Forms Committee. This Non-Tax Planning Joint Trust was developed for use by married couples with a combined net worth of less than one applicable exclusion amount. Upon the death of the first spouse, trust assets stay in the trust for the surviving settlor, who will have a general power of appointment over all trust assets. It provides for the creation of a pot trust for the benefit of the settlors’ descendants after the death of both settlors.
The forms in The Orange Book are prepared by the volunteer members of The Orange Book Forms Committee of the Trust and Estate Section of the Colorado Bar Association. The forms are intended to provide guidance and general suggested language to assist the lawyer in preparing estate planning documents; they are not intended to be a substitute for the exercise of the lawyer’s own professional judgment in planning a client’s estate. No form or language in The Orange Book should be used unless the lawyer fully understands the purpose, meaning, and tax consequences of the form and language.
Updates/ Supplements:
Colorado Estate Planning Forms, Seventh Edition was released in 2010. The 2016 Supplement is the sixth update to the Seventh Edition. If you are purchasing the book, you do not need to purchase any supplements; the latest supplement is already included in the book. If you are looking to update a book that you already own, you need to check the date on the front cover sheet of your book. If your book has a date of 2015, you need to purchase the 2016 Supplement to update your book. If your book has a date earlier than 2015 on the front cover sheet, you need to purchase a new book. Should you have any questions regarding this product, please contact the CBA-CLE books department at 303-860-0608 or email [email protected].
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