Application to existing relationships.

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(1) Except as otherwise provided in this article, on July 1, 2015, or on the effective date of any amendment to this article:

  1. This article or any amendment to this article applies to a power of appointment created before, on, or after July 1, 2015, or any amendment to this article;

  2. This article or any amendment to this article applies to any proceedings in court thenpending or thereafter commenced concerning a power of appointment, except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this article or any amendment to this article, in which case the particular provision of this article does not apply and the superseded law applies;

  3. A rule of construction or presumption provided in this article or any amendment tothis article applies to an instrument executed before July 1, 2015, unless there is a clear indication of a contrary intent in the terms of the instrument;

  4. Except as otherwise provided in paragraphs (a) to (c) of this subsection (1), an actiondone before July 1, 2015, is not affected by this article or any amendment to this article; and

  5. No provision of this article or of any amendment to this article shall apply retroactively if the court determines that such application would cause the provision to be retrospective in its operation in violation of section 11 of article II of the state constitution.

(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 article or any amendment to this article before July 1, 2015, the law continues to apply to the right.

Source: L. 2014: Entire article added, (HB 14-1353), ch. 209, p. 782, § 1, effective July 1, 2015. L. 2016: IP(1) amended, (SB 16-189), ch. 210, p. 758, § 24, effective June 6.


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