Montana Code Annotated 2017

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proceeding or prejudice a right of a party, in which case the particular provision of this act does not apply and the superseded law applies;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.