Chapter 13 - § 13.16 • EQUITABLE ELECTION

• Jurisdiction: Colorado

§ 13.16 • EQUITABLE ELECTION

A devisee may be put to a non-statutory election to accept or reject the benefits of the will. This occurs when the will itself gives the person the choice of one of two benefits. It occurs also when the will confers a benefit that can be realized only by giving up a right in the thing given or in something else. An election must be made when a devise is to a creditor in lieu of debt or when a gift is to a beneficiary of a limited interest in a property in which the beneficiary already owns an interest but the will also gives him or her other...