N.D. Cent. Code § 59-19-02 : — TRUSTS19 - APPLICATION AND ELECTRONIC RECORDS AND SIGNATURES —19-02 - (1106) Application to existing relationships
1. Except as otherwise provided in chapters
59-09,
59-10,
59-11,
59-12,
59-13,
59-14,
59-15,
59-16,
59-17,
59-18, and
59-19, effective August 1, 2007, these chapters:
a. Apply to all trusts created after July 31, 2007; and
b. Apply to all judicial proceedings concerning trusts which are commenced after July 31, 2007.
2. Except as otherwise provided in chapters
59-09,
59-10,
59-11,
59-12,
59-13,
59-14,
59-15,
59-16,
59-17,
59-18, and
59-19, from August 1, 2007, through July 31, 2009:
a. A trust created before August 1, 2007, may elect to be subject to chapters
59-09,
59-10,
59-11,
59-12,
59-13,
59-14,
59-15,
59-16,
59-17,
59-18, and
59-19; however, that trust must be in compliance with those chapters by August 1, 2009;
b. Any rule of construction or presumption provided in chapters
59-09,
59-10,
59-11,
59-12,
59-13,
59-14,
59-15,
59-16,
59-17,
59-18, and
59-19 applies to trust instruments executed before August 1, 2009, unless there is a clear indication of a contrary intent in the terms of the trust;
c. Chapters
59-09,
59-10,
59-11,
59-12,
59-13,
59-14,
59-15,
59-16,
59-17,
59-18, and
59-19 do not apply to judicial proceedings concerning trusts which are commenced before that date unless the court finds that application of a particular provision of these chapters would not substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of these chapters applies and the superseded law does not apply; and
d. An act done before August 1, 2009, is not affected by chapters
59-09,
59-10,
59-11,
59-12,
59-13,
59-14,
59-15,
59-16,
59-17,
59-18, and
59-19.
3. 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 August 1, 2007, for those trusts that are subject to subsection 1, or before August 1, 2009, for those trusts that are subject to subsection 2, that statute continues to apply to the right even if it has been repealed or superseded.