45-1-110. Time of taking effect; provisions for transition.
Except as provided elsewhere in this Code [45-1-101 NMSA 1978], on the effective date of this Code or of any amendment to this Code:
A. the Code or the amendment applies to governing instruments executed by decedents dying thereafter;
B. the Code or the amendment applies to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent 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 Code or the amendment;
C. every personal representative or other fiduciary holding an appointment under this Code on that date, continues to hold the appointment but has only the powers conferred by this Code or the amendment and is subject to the duties imposed with respect to any act occurring or done thereafter;
D. an act done before the effective date in any proceeding and any accrued right is not impaired by this Code or the amendment. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before the effective date, the provisions shall remain in force with respect to that right; and
E. any rule of construction or presumption provided in this Code or the amendment applies to governing instruments executed before the effective date unless there is a clear indication of a contrary intent.
45-1-110. Time of taking effect; provisions for transition.
Except as provided elsewhere in this Code [45-1-101 NMSA 1978], on the effective date of this Code or of any amendment to this Code:
A. the Code or the amendment applies to governing instruments executed by decedents dying thereafter;
B. the Code or the amendment applies to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent 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 Code or the amendment;
C. every personal representative or other fiduciary holding an appointment under this Code on that date, continues to hold the appointment but has only the powers conferred by this Code or the amendment and is subject to the duties imposed with respect to any act occurring or done thereafter;
D. an act done before the effective date in any proceeding and any accrued right is not impaired by this Code or the amendment. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before the effective date, the provisions shall remain in force with respect to that right; and
E. any rule of construction or presumption provided in this Code or the amendment applies to governing instruments executed before the effective date unless there is a clear indication of a contrary intent.
45-1-110. Time of taking effect; provisions for transition.
Except as provided elsewhere in this Code [45-1-101 NMSA 1978], on the effective date of this Code or of any amendment to this Code:
A. the Code or the amendment applies to governing instruments executed by decedents dying thereafter;
B. the Code or the amendment applies to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent 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 Code or the amendment;
C. every personal representative or other fiduciary holding an appointment under this Code on that date, continues to hold the appointment but has only the powers conferred by this Code or the amendment and is subject to the duties imposed with respect to any act occurring or done thereafter;
D. an act done before the effective date in any proceeding and any accrued right is not impaired by this Code or the amendment. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before the effective date, the provisions shall remain in force with respect to that right; and
E. any rule of construction or presumption provided in this Code or the amendment applies to governing instruments executed before the effective date unless there is a clear indication of a contrary intent.
