New Mexico Statutes
Article 11 - Miscellaneous Provisions
Section 46A-11-1105 - Application to existing relationships.

A. Except as otherwise provided in this 2007 act:
(1) the provisions of this 2007 act apply to all trusts created before, on or after July 1, 2007;
(2) the provisions of this 2007 act apply to all judicial proceedings concerning trusts commenced on or after July 1, 2007;
(3) the provisions of this 2007 act apply to judicial proceedings concerning trusts commenced before July 1, 2007 unless the court finds that application of a particular provision of this 2007 act 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or prejudice the rights of the parties, in which case the particular provision of this 2007 act does not apply and the superseded law applies;
(4) any rule of construction or presumption provided in this 2007 act applies to trust instruments executed before July 1, 2007 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 this 2007 act is not affected by the provisions of this 2007 act.
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to run under any other statute before July 1, 2007, that statute continues to apply to the right even if it has been repealed or superseded.
C. The provisions of this 2007 act do not apply to the trust created by the Enabling Act for New Mexico of June 20, 1910, 36 Stat. 557, Ch. 310.
History: Laws 2007, ch. 128, § 29.
Effective dates. — Laws 2007, ch. 128, § 31 made the section effective July 1, 2007.

Structure New Mexico Statutes