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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 456

previous next Effective - 28 Aug 2016bottom

  456.1135.  Application to existing relationships. — 1.  Except as otherwise provided in sections 456.970 to 456.1135:

  (1)  Sections 456.970 to 456.1135 shall apply to a power of appointment created before, on, or after August 28, 2016, and shall apply to a judicial proceeding concerning a power of appointment commenced on or after August 28, 2016;

  (2)  Sections 456.970 to 456.1135 shall apply to a judicial proceeding concerning a power of appointment commenced before August 28, 2016, unless the court finds that application of a particular provision of such sections would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of such sections does not apply and the superseded law applies;

  (3)  A rule of construction or presumption provided in sections 456.970 to 456.1135 applies to an instrument executed before August 28, 2016, unless there is a clear indication of a contrary intent in the terms of the instrument; and

  (4)  Except as otherwise provided in subdivisions (1) to (3) of this subsection, an action done before August 28, 2016, is not affected by such sections.

  2.  If a right is acquired, extinguished, or barred on the expiration of a prescribed period that commenced under law of this state other than sections 456.970 to 456.1135 before August 28, 2016, the law continues to apply to the right.

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(L. 2016 H.B. 1765)


---- end of effective   28 Aug 2016 ----

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