456.11-1106. Application to existing relationships. - Missouri Statutes

Application to existing relationships.

456.11-1106. 1. Except as otherwise provided in sections 456.1-101 to456.11-1106, on January 1, 2005:

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

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

(3) Sections 456.1-101 to 456.11-1106 apply to judicial proceedingsconcerning trusts commenced before January 1, 2005, unless the court findsthat application of a particular provision of sections 456.1-101 to456.11-1106 would substantially interfere with the effective conduct of thejudicial proceedings or prejudice the rights of the parties, in which case theparticular provision of sections 456.1-101 to 456.11-1106 does not apply andthe superseded law applies;

(4) Any rule of construction or presumption provided in sections456.1-101 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 ofthe trust;

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

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

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to run under any other statutebefore January 1, 2005, that statute continues to apply to the right even ifit has been repealed or superseded.

(L. 2004 H.B. 1511)

Effective 1-01-05