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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 456

previous next Effective - 01 Jan 2005, see footnotebottom

  456.11-1106.  Application to existing relationships. — 1.  Except as otherwise provided in sections 456.1-101 to 456.11-1106, on January 1, 2005:

  (1)  Sections 456.1-101 to 456.11-1106 apply to all trusts created before, on, or after January 1, 2005;

  (2)  Sections 456.1-101 to 456.11-1106 apply to all judicial proceedings concerning trusts commenced on or after January 1, 2005;

  (3)  Sections 456.1-101 to 456.11-1106 apply to judicial proceedings concerning trusts commenced before January 1, 2005, unless the court finds that application of a particular provision of sections 456.1-101 to 456.11-1106 would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of sections 456.1-101 to 456.11-1106 does not apply and the superseded law applies;

  (4)  Any rule of construction or presumption provided in sections 456.1-101 to 456.11-1106 apply to trust instruments executed before January 1, 2005, unless there is a clear indication of a contrary intent in the terms of the trust;

  (5)  An act done before January 1, 2005, is not affected by any provisions contained in sections 456.1-101 to 456.11-1106; and

  (6)  Section 456.590* shall not apply to trusts created under an instrument executed on or after January 1, 2005.

  2.  If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before January 1, 2005, that statute continues to apply to the right even if it has been repealed or superseded.

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(L. 2004 H.B. 1511)

Effective 1-01-05

*Section 456.590 was repealed by H.B. 1765, 2016.


---- end of effective   01 Jan 2005 ----

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