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Comparison of Uniform Trust Code, DC Trust Code, Maryland Trust Act, and Virginia Trust Code, with Annotations

  • Preamble
  • Article 1
  • Article 2
  • Article 3
  • Article 4
  • Article 5
  • Article 6
  • Article 7
  • Article 8
  • UPIA-UTC Article 9
  • Article 10
  • Article 11
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UTC

§1106. Application to existing relationships.

(a) Except as otherwise provided in this [Code], on [the effective date of this [Code]]:
(1) this [Code] applies to all trusts created before, on, or after [its effective date];
(2) this [Code] applies to all judicial proceedings concerning trusts commenced on or after [its effective date];
(3) this [Code] applies to judicial proceedings concerning trusts commenced before [its effective date] unless the court finds that application of a particular provision of this [Code] 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or prejudice the rights of the parties, in which case the particular provision of this [Code] does not apply and the superseded law applies;
(4) any rule of construction or presumption provided in this [Code] applies to trust instruments executed before [the effective date of the [Code]] 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 the [Code]] is not affected by this [Code].
(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statute before [the effective date of the [Code]], that statute continues to apply to the right even if it has been repealed or superseded.

DC

§ 19-1311.03. Application to existing relationships.

(a) Except as otherwise provided in this chapter, on the effective date of this chapter [March 10, 2004]:
(1) This chapter applies to all trusts created before, on, or after its effective date [March 10, 2004];
(2) This chapter applies to all judicial proceedings concerning trusts commenced on or after its effective date [March 10, 2004];
(3) This chapter applies to judicial proceedings concerning trusts commenced before its effective date [March 10, 2004] unless the court finds that application of a particular provision of this chapter 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 chapter does not apply and the superseded law applies;
(4) Any rule of construction or presumption provided in this chapter applies to trust instruments executed before the effective date of the chapter [March 10, 2004] 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 the chapter [March 10, 2004] is not affected by this chapter.
(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 the effective date of the chapter [March 10, 2004], that statute continues to apply to the right even if it has been repealed or superseded.

MD

§ 14.5-1006. Applicability of title.

(a) Except as otherwise provided in this title [MISSING "ON THE EFFECTIVE DATE"]: 
(1) This title applies to all trusts created before, on, or after January 1, 2015;
(2) This title applies to all judicial proceedings concerning trusts commenced on or after January 1, 2015;
(3) This title does not apply [SUBSTITUTED FOR "APPLIES"] to judicial proceedings concerning trusts commenced before January 1, 2015; [THE ABOVE CHANGE OBVIATES NEED FOR REMAINDER OF UTC(a)(3)]
(4) A rule of construction or presumption provided in this title applies to trust instruments executed before January 1, 2015, unless there is a clear indication of a contrary intent in the terms of the trust; and
(5) An act done before January 1, 2015, is not affected by this title.
(b) If a right is acquired, extinguished, or barred on the expiration of a prescribed period that has commenced to run under another statute before January 1, 2015, that statute continues to apply to the right even if the statute has been repealed or superseded.

VA

§ 64.2-808. Application to existing relationships

A. Except as otherwise provided in this chapter [MISSING "ON THE EFFECTIVE DATE"]: 
1. This chapter applies to all trusts created before, on, or after July 1, 2006;
2. This chapter applies to all judicial proceedings concerning trusts commenced on or after July 1, 2006;
3. This chapter applies to judicial proceedings concerning trusts commenced before July 1, 2006, unless the court finds that application of a particular provision of this chapter 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 chapter does not apply and the superseded law applies;
4. Any rule of construction or presumption provided in this chapter applies to trust instruments executed before July 1, 2006, unless there is a clear indication of a contrary intent in the terms of the trust; and
5. An act done before July 1, 2006, is not affected by this chapter.
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, 2006, that statute continues to apply to the right even if it has been repealed or superseded.

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