Public-domain · open source
OpenJurist

Ark. Code Ann. § 28-73-1106

Application to existing relationships

Known as the Arkansas Trust Code

The act spans §§ 28-73-1001 to 28-73-908 (103 sections).

Applied in 4 court decisions — leading case Bakalekos v. Furlow (2011)

Most recently applied in 2015 Ark. App. 41 - Cason v. Lambert (January 2015)

Acts 2005, No. 1031, § 1.

How often courts cite this section

20092010201520
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Except as otherwise provided in this chapter, on September 1, 2005: this chapter applies to all trusts created before, on, or after September 1, 2005;

(2) this chapter applies to all judicial proceedings concerning trusts commenced on or after September 1, 2005;

(3) this chapter applies to judicial proceedings concerning trusts commenced before September 1, 2005, 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or prejudice the rights of the parties, in which case the particular provision of this chapter does not apply and the superseded law applies;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 September 1, 2005, unless there is a clear indication of a contrary intent in the terms of the trust; and

(5) an act done before September 1, 2005, is not affected by this chapter.

(6) 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run under any other statute before September 1, 2005, that statute continues to apply to the right even if it has been repealed or superseded.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.