The Vermont Statutes Online

Title 14A : Trusts

Chapter 012 : Miscellaneous Provisions

• § 1204. Application to existing relationships

  (a) Except as otherwise provided in this title, on the effective date of this title:

  (1) this title applies to all trusts created before, on, or after its effective date;

  (2) this title applies to all judicial proceedings concerning trusts commenced on or after its effective date;

  (3) this title applies to judicial proceedings concerning testamentary trusts commenced before its effective date except that accountings shall continue to be due from the trustees of such trusts in the same manner and in the same frequency as required by the Probate Division of the Superior Court prior to this title unless otherwise ordered by the Probate Division of the Superior Court;

  (4) this title applies to all other judicial proceedings concerning trusts commenced before its effective date unless the Probate Division of the Superior Court finds that application of a particular provision of this title 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or prejudice the rights of the parties, in which case the particular provision of this title does not apply and the superseded law applies;

  (5) any rule of construction or presumption provided in this title applies to trust instruments executed before the effective date of this title unless there is a clear indication of a contrary intent in the terms of the trust; and

  (6) an act done before the effective date of this title is not affected by this title.

  (b) 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other statute before the effective date of this title, that statute continues to apply to the right even if it has been repealed or superseded. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. February 1, 2011.)