N.M. Stat. § 46A-11-1104
Application to existing relationships.
A. Except as otherwise provided in the Uniform Trust Code [46A-1-101 NMSA
1978], on the effective date of the Uniform Trust Code or of any amendment to that
code:
(1)
the Uniform Trust Code or the amendment applies to all trusts created
before, on or after its effective date;
(2)
the Uniform Trust Code or the amendment applies to all judicial
proceedings concerning trusts commenced on or after its effective date;
(3)
the Uniform Trust Code or the amendment applies to judicial proceedings
concerning trusts commenced before its effective date, unless the court finds that
application of a particular provision of the Uniform Trust Code or the amendment 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 the Uniform Trust Code
or the amendment does not apply and the superseded law applies;
(4)
any rule of construction or presumption provided in the Uniform Trust
Code or the amendment applies to trust instruments executed before the effective date
of the Uniform Trust Code or any amendment to that code unless there is a clear
indication of a contrary intent in the terms of the trust; and
(5)
an act done before the effective date of the Uniform Trust Code or any
amendment to that code is not affected by the Uniform Trust Code or the amendment.
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
the Uniform Trust Code or any amendment to that code, that statute continues to apply
to the right even if it has been repealed or superseded.
C. The Uniform Trust Code or any amendment to that code does not apply to the
trust created by the Enabling Act for New Mexico of June 20, 1910, 36 Stat. 557, Ch.
310.