2019 North Carolina General Statutes
Chapter 31D - North Carolina Uniform Powers of Appointment Act
Article 6 - Miscellaneous Provisions.
§ 31D-6-603 - Application to existing relationships.

31D-6-603. Application to existing relationships.

(a) Except as otherwise provided in this Chapter, on or after August, 11, 2015:

(1) This Chapter applies to a power of appointment created before, on or after August 11, 2015.

(2) This Chapter applies to a judicial proceeding concerning a power of appointment commenced on or after August 11, 2015.

(3) This Chapter applies to a judicial proceeding concerning a power of appointment commenced before August 11, 2015, unless the court finds that application of a particular provision of this Chapter 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or prejudice a right of a party, in which case the particular provision of this Chapter does not apply and the superseded law applies.

(4) A rule of construction or presumption provided in this Chapter applies to an instrument executed before August 11, 2015, unless there is a clear indication of a contrary intent in the terms of the instrument or unless application of that rule of construction or presumption would impair substantial rights of a party created under North Carolina law in effect prior to August 11, 2015, in which case that rule of construction or presumption does not apply and the superseded rule of construction or presumption applies.

(5) Except as otherwise provided in subdivisions (1) through (4) of this subsection, an action taken before August 11, 2015, is not affected by this Chapter.

(b) 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 Chapter before August 11, 2015, the law continues to apply to the right.