72-7-603. Application to existing relationships, MCA

Montana Code Annotated 2019

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 7. UNIFORM POWERS OF APPOINTMENT ACT

Part 6. Miscellaneous Provisions

Application To Existing Relationships

72-7-603. Application to existing relationships. (1) Except as otherwise provided in this act, on and after October 1, 2015:

(a) this act applies to a power of appointment created before, on, or after October 1, 2015;

(b) this act applies to a judicial proceeding concerning a power of appointment commenced on or after October 1, 2015;

(c) this act applies to a judicial proceeding concerning a power of appointment commenced before October 1, 2015, unless the court finds that application of a particular provision of this act 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proceeding or prejudice a right of a party, in which case the particular provision of this act does not apply and the superseded law applies;

(d) a rule of construction or presumption provided in this act applies to an instrument executed before October 1, 2015, unless there is a clear indication of a contrary intent in the terms of the instrument; and

(e) except as otherwise provided in subsections (1)(a) through (1)(d), an action done before October 1, 2015, is not affected by this act.

(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 this act before October 1, 2015, the law continues to apply to the right.

History: En. Sec. 38, Ch. 293, L. 2015.