18-A §8-401. Time of taking effect; provisions for transition
Title 18-A: PROBATE CODE
Article 8: MISCELLANEOUS PROVISIONS
Part 4: EFFECTIVE DATE
§8-401. Time of taking effect; provisions for transition
(a). This Code takes effect on January 1, 1981.
[ 1979, c. 540, §1 (NEW) .]
(b). Except as provided elsewhere in this Code, on the effective date of this Code:
(1). The Code applies to any wills of decedents dying thereafter; [1979, c. 540, §1 (NEW).]
(2). The Code 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; [1979, c. 540, §1 (NEW).]
(3). Every personal representative including a person administering an estate of a minor or incompetent holding an appointment on that date, continues to hold the appointment but has only the powers conferred by this Code and is subject to the duties imposed with respect to any act occurring or done thereafter and a guardian appointed prior to January 1, 1981 shall have the powers conferred by this Code on guardians and conservators, unless otherwise limited by the original order of appointment or subsequent court order under this Code; [1981, c. 127, §1 (AMD).]
(4). An act done before the effective date in any proceeding and any accrued right is not impaired by this Code. 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; [1979, c. 540, §1 (NEW).]
(5). Any rule of construction or presumption provided in this Code applies to instruments executed and multiple party accounts opened before the effective date unless there is a clear indication of a contrary intent; and [1979, c. 540, §1 (NEW).]
(6). For an adoption decree entered before the effective date and not amended after the effective date, the child shall be the child of both the natural and adopting parents for purposes of intestate succession, notwithstanding section 2-109, subsection (1), unless the decree provides otherwise. [1979, c. 540, §1 (NEW).]
[ 1981, c. 127, §1 (AMD) .]
SECTION HISTORY
1979, c. 540, §1 (NEW). 1981, c. 127, §1 (AMD).