2011 New Mexico Statutes
Chapter 46A: Uniform Trust Code
Article 11: Miscellaneous Provisions, 46A-11-1101 through 46A-11-1105
Section 46A-11-1104: Application to existing relationships. (Effective January 1, 2012.)

46A-11-1104. Application to existing relationships.

A. Except as otherwise provided in the Uniform Trust Code [46A-1-101 NMSA 1978], on the effective date of the Uniform Trust Code:

(1) the Uniform Trust Code applies to all trusts created before, on or after its effective date;

(2) the Uniform Trust Code applies to all judicial proceedings concerning trusts commenced on or after its effective date;

(3) the Uniform Trust Code applies to judicial proceedings concerning trusts commenced before its effective date, unless the court finds that application of a particular provision of the Uniform Trust Code 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the rights of the parties, in which case the particular provision of the Uniform Trust Code does not apply and the superseded law applies;

(4) any rule of construction or presumption provided in the Uniform Trust Code applies to trust instruments executed before the effective date of the Uniform Trust Code unless there is a clear indication of a contrary intent in the terms of the trust; and

(5) an act done before the effective date of the Uniform Trust Code is not affected by the Uniform Trust Code.

B. 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before the effective date of the Uniform Trust Code, that statute continues to apply to the right even if it has been repealed or superseded.

C. The Uniform Trust Code does not apply to the trust created by the Enabling Act for New Mexico of June 20, 1910, 36 Stat. 557, Ch. 310.