KRS 386B.11-040: Application to existing relationships.
Where this section sits in the code
(1) Except as otherwise provided in this chapter, on July 15, 2014:
(a) This chapter applies to all trusts created before, on, or after July 15, 2014;
(b) This chapter applies to all judicial proceedings concerning trusts commenced
on or after July 15, 2014;
(c) This chapter applies to judicial proceedings concerning trusts commenced
before July 15, 2014, unless the court finds that application of a particular
provision of this chapter would substantially interfere with the effective
conduct of the judicial pro ceedings or prejudice the rights of the parties, in
which case the particular provision of this chapter shall not apply and the
superseded law applies;
(d) Any rule of construction or presumption provided in this chapter applies to
trust instruments execut ed before July 15, 2014, unless there is a clear
indication of a contrary intent in the terms of the trust; and
(e) An act done before July 15, 2014, is not affected by this chapter.
(2) If a right is acquired, extinguished, or barred upon the expiration o f a prescribed
period that has commenced to run under any other statute before July 15, 2014, that
statute continues to apply to the right even if it has been repealed or superseded.
(3) This chapter shall not apply to trusts created under the following:
(a) KRS 386.510 to 386.590, the Kentucky Fiduciary Investment Company Act;
(b) KRS 386.370 to 386.440, the Kentucky Business Trusts Act; and
(c) KRS Chapter 386A, the Kentucky Uniform Statutory Trust Act.
Collected 2026-09-05T20:59:19Z. Source file · JSON