59-19-02. (1106) Application to existing relationships

59-19-02. (1106) Application to existing relationships

1. Except as otherwise provided in chapters 59-09, 59-10, 59-11, 59-12, 59-13, 59-14,

59-15, 59-16, 59-17, 59-18, and 59-19, effective August 1, 2007, these chapters:

a. Apply to all trusts created after July 31, 2007; and

b. Apply to all judicial proceedings concerning trusts which are commenced after

July 31, 2007.

2. Except as otherwise provided in chapters 59-09, 59-10, 59-11, 59-12, 59-13, 59-14,

59-15, 59-16, 59-17, 59-18, and 59-19, from August 1, 2007, through July 31, 2009:

a. A trust created before August 1, 2007, may elect to be subject to chapters 59-09,

59-10, 59-11, 59-12, 59-13, 59-14, 59-15, 59-16, 59-17, 59-18, and 59-19;

however, that trust must be in compliance with those chapters by August 1, 2009;

b. Any rule of construction or presumption provided in chapters 59-09, 59-10, 59-11,

59-12, 59-13, 59-14, 59-15, 59-16, 59-17, 59-18, and 59-19 applies to trust

instruments executed before August 1, 2009, unless there is a clear indication of

a contrary intent in the terms of the trust;

c. Chapters 59-09, 59-10, 59-11, 59-12, 59-13, 59-14, 59-15, 59-16, 59-17, 59-18,

and 59-19 do not apply to judicial proceedings concerning trusts which are

commenced before that date unless the court finds that application of a particular

provision of these chapters would not substantially interfere with the effective

conduct of the judicial proceedings or prejudice the rights of the parties, in which

case the particular provision of these chapters applies and the superseded law

does not apply; and

d. An act done before August 1, 2009, is not affected by chapters 59-09, 59-10,

59-11, 59-12, 59-13, 59-14, 59-15, 59-16, 59-17, 59-18, and 59-19.

3. 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 August 1, 2007, for those

trusts that are subject to subsection 1, or before August 1, 2009, for those trusts that

are subject to subsection 2, that statute continues to apply to the right even if it has

been repealed or superseded.