Section 46-12-105 - Application; governing lawA. The Uniform Trust Decanting Act applies to a trust that:(1) has its principal place of administration in New Mexico, including a trust whose principal place of administration has been changed to New Mexico; or(2) provides by its trust instrument that it is governed by New Mexico law or is governed by New Mexico law for the purpose of:(a) administration, including administration of a trust whose governing law for purposes of administration has been changed to New Mexico law;(b) construction of terms of the trust; or(c) determining the meaning or effect of terms of the trust.B. Except as otherwise provided in the Uniform Trust Decanting Act, on and after January 1, 2017: (1) the Uniform Trust Decanting Act applies to a trust created before, on or after January 1, 2017;(2) the Uniform Trust Decanting Act applies to a judicial proceeding concerning a trust commenced on or after January 1, 2017;(3) the Uniform Trust Decanting Act applies to a judicial proceeding concerning a trust commenced before January 1, 2017 unless the court finds that application of a particular provision of the Uniform Trust Decanting 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a right of a party, in which case the particular provision of the Uniform Trust Decanting Act does not apply and the superseded law applies;(4) a rule of construction or presumption provided in the Uniform Trust Decanting Act applies to a trust instrument executed before January 1, 2017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 Trust Decanting Act.C. 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 Trust Decanting Act before January 1, 2017, the law continues to apply to the right.Laws 2016, ch. 72, § 1 -105.Added by 2016, c. 72,s. 1-105, eff. 1/1/2017.