Colorado § 15-16-921 - Need to distribute not required.
Full text of Colorado Colorado Revised Statutes § 15-16-921 — Need to distribute not required., with citation guidance and answers to common questions.
§ 15-16-921. Need to distribute not required.
An authorized fiduciary may exercise the decanting power regardless of whether under the first trust's discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise.
Source: L. 2016: Entire part added, (SB 16-085), ch. 228, p. 888, § 1, effective August 10.
COMMENT
Although the decanting power under Sections 15-16-911 and 15-16-912 is premised on the authorized fiduciary's power to distribute principal of the first trust to one or more current beneficiaries, the authorized fiduciary may exercise the decanting power even if the authorized fiduciary would not have made a distribution of principal to a current beneficiary under the distribution standard of the first trust. For example, assume a trust permits the trustee to distribute income and principal to S for S's support and health care, considering S's other resources, and that given S's other resources the trustee would not currently make a distribution to S. The trustee may still exercise the decanting power under Section 15-16-912.
Section 15-16-921, however, does not authorize an exercise of the decanting power under Sections 15-16-911 and 15-16-912 if the authorized fiduciary does not currently have a power to distribute principal. For example, if a trust permits income to be distributed to A, but does not permit principal distributions until A is age 25 or has a child, and A is age 21 and has no child, the trustee may not decant the trust under Section 15-16-911 or Section 15-16-912.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 15-16-921
What does Colorado Revised Statutes § 15-16-921 cover?
Section 15-16-921 ("Need to distribute not required.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 15-16-921?
A common citation format is "Colorado Revised Statutes § 15-16-921" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 15-16-921 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.