Nebraska § 30-4638 Application to existing relationships

Nebraska Statutes

§ 30-4638 — Application to existing relationships

Nebraska § 30-4638

Ch. 30Decedents' Estates; Protection of Persons and Property

This text of Nebraska § 30-4638 (Application to existing relationships) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 30-4638 (2026).

Text

(a)Except as otherwise provided in the Uniform Powers of Appointment Act, on and after August 28, 2021:

(1)the Uniform Powers of Appointment Act applies to a power of appointment created before, on, or after August 28, 2021;

(2)the Uniform Powers of Appointment Act applies to a judicial proceeding concerning a power of appointment commenced on or after August 28, 2021;

(3)the Uniform Powers of Appointment Act applies to a judicial proceeding concerning a power of appointment commenced before August 28, 2021, 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 Powe

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(a) Except as otherwise provided in the Uniform Powers of Appointment Act, on and after August 28, 2021:
(1) the Uniform Powers of Appointment Act applies to a power of appointment created before, on, or after August 28, 2021;
(2) the Uniform Powers of Appointment Act applies to a judicial proceeding concerning a power of appointment commenced on or after August 28, 2021;
(3) the Uniform Powers of Appointment Act applies to a judicial proceeding concerning a power of appointment commenced before August 28, 2021, 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of a party, in which case the particular provision of the Uniform Powers of Appointment Act does not apply and the superseded law applies;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 August 28, 2021, unless there is a clear indication of a contrary intent in the terms of the instrument; and
(5) except as otherwise provided in subdivisions (1) through (4) of this subsection, an action done before August 28, 2021, 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 law of this state other than the Uniform Powers of Appointment Act before August 28, 2021, the law continues to apply to the right.