Section 6.3 Exceptions to Applicability

• Library: Trusts and Powers 2013 Supp

C. (§6.3) Exceptions to Applicability

As noted in the previous section, the MUTC applies retroactively for most purposes. There are, however, statutory exceptions and constitutional limits on total retroactivity.

The specific statutory exceptions to retroactive application of the MUTC are as follows:

1. A provision of the MUTC is not applicable if the court determines that application of that “particular provision” to a judicial proceeding commenced before January 1, 2005, “would substantially interfere...