New Mexico § 46-11-603 - Application to existing relationships

§ 46-11-603. Application to existing relationships

A. Except as otherwise provided in the Uniform Powers of Appointment Act, on and after

January 1, 2017: (1) the Uniform Powers of Appointment Act applies to a power of appointment created

before, on or after January 1, 2017; (2) the Uniform Powers of Appointment Act applies to a judicial proceeding concerning

a power of appointment commenced on or after January 1, 2017; (3) the Uniform Powers of Appointment Act applies to a judicial proceeding concerning

a power of appointment commenced before January 1, 2017 unless the court finds that

application of a particular provision of the Uniform Powers of Appointment Act 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 the Uniform Powers of

Appointment Act does not apply and the superseded law applies; (4) a rule of construction or presumption provided in the Uniform Powers of Appointment

Act applies to an instrument executed before January 1, 2017 unless there is a clear

indication of a contrary intent in the terms of the instrument; and (5) except as otherwise provided in Paragraphs (1) through (4) of this subsection,

an action done before January 1, 2017 is not affected by the Uniform Powers of Appointment

Act. B. If a right is acquired, extinguished or barred on the expiration of a prescribed

period that commenced under New Mexico law other than the Uniform Powers of Appointment

Act before January 1, 2017, the law continues to apply to the right.