Ark. Code Ann. » Title 28 Chapter 73
Arkansas Code Annotated

Ark. Code Ann. § 28-73-1106 (2020)

Application to existing relationships

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. Except as otherwise provided in this chapter, on September 1, 2005:
    1. this chapter applies to all trusts created before, on, or after September 1, 2005;
    2. this chapter applies to all judicial proceedings concerning trusts commenced on or after September 1, 2005;
    3. this chapter applies to judicial proceedings concerning trusts commenced before September 1, 2005, unless the court finds that application of a particular provision of this chapter 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or prejudice the rights of the parties, in which case the particular provision of this chapter does not apply and the superseded law applies;
    4. any rule of construction or presumption provided in this chapter applies to trust instruments executed before September 1, 2005, unless there is a clear indication of a contrary intent in the terms of the trust; and
    5. an act done before September 1, 2005, is not affected by this chapter.
  2. 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run under any other statute before September 1, 2005, that statute continues to apply to the right even if it has been repealed or superseded.

History. Acts 2005, No. 1031, § 1.

Research References

Ark. L. Notes.

Circo, How Does the Arkansas Trust Code Affect Real Estate Transactions?, 2007 Ark. L. Notes 45.

Case Notes

Applicability.

Because the Board of Trustees of a policemen's pension fund increased benefits to certain retirees in 1996, the Trust Code did not apply; it applied only to acts occurring after September 1, 2005. Bakalekos v. Furlow, 2011 Ark. 505, 385 S.W.3d 810 (2011).

Amendment.

Even though community property was involved, a wife had the authority to amend the family trust after her husband's death where the trust authorized the surviving spouse to amend the trust, and under subsection (a) of this section, the terms of the trust prevailed over § 28-73-601(b)(1). Cason v. Lambert, 2015 Ark. App. 41, 454 S.W.3d 250 (2015).

Chapter 74 Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

Effective Dates. Acts 2011, No. 159, § 1: Jan. 1, 2012.

Subchapter 1 — General Provisions

Effective Dates. Acts 2011, No. 159, § 1: Jan. 1, 2012.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2009–2026 · leading case: Cason v. Lambert, 2015 Ark. App. 41, 454 S.W.3d 250.
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Cason v. Lambert, 2015 Ark. App. 41, 454 S.W.3d 250. · cites it 4× “Ark. Code Ann. § 28-73-1106 (a). Here, the terms of the trust clearly indicate a contrary intent of the settlors.”
Bakalekos v. Furlow, 2011 Ark. 505, 385 S.W.3d 810. · cites it 2× “Appellants contend that the legislature’s adoption of the Arkansas Trust Code in 2005 is an expression of that intent and that section 28-73-803 requires the Board to act impartially when authorizing an increase in benefits. The short answer to this argument is that the Arkansas…”
Bakalekos v. Furlow, 2011 Ark. 505, 410 S.W.3d 564. · cites it 2× “Appellants contend that the legislature’s adoption of the Arkansas Trust Code in 2005 is an expression of that intent and that section 28-73-803 requires the Board to act impartially when authorizing an increase in benefits. The short answer to this argument is that the Arkansas…”
Cathee Crain v. Shirley Crain, 2026 Ark. App. 274. · cites it 6× “In determining that the Arkansas Trust Code’s extended SOL did not apply, the circuit court relied on Ark. Code Ann. § 28-73-1106 (b), which states that “[i]f a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under…”
Matter of GNB III Trust v. Shaw, 2019 Ark. App. 171, 574 S.W.3d 159. · cites it 2× “See Ark. Code Ann. § 28-73-1106 (a)(1). Although a trust instrument can require otherwise, the Trust has no such provision.”
Hanna ex rel. Hanna v. Hanna, 335 S.W.3d 438 (Ark. Ct. App. 2009). · cites it 2× “…govern actions taken before September 2005, as were the majority of Burt’s actions of which Donna complains herein. Ark.Code Ann. § 28-73-1106(a)(5).”
Ark. Code Ann. § 28-73-1106(a)(5): 4 cases
Bakalekos v. Furlow, 2011 Ark. 505, 385 S.W.3d 810. “Appellants contend that the legislature’s adoption of the Arkansas Trust Code in 2005 is an expression of that intent and that section 28-73-803 requires the Board to act impartially when authorizing an increase in benefits. The short answer to this argument is that the Arkansas…”
Bakalekos v. Furlow, 2011 Ark. 505, 410 S.W.3d 564. “Appellants contend that the legislature’s adoption of the Arkansas Trust Code in 2005 is an expression of that intent and that section 28-73-803 requires the Board to act impartially when authorizing an increase in benefits. The short answer to this argument is that the Arkansas…”
Cathee Crain v. Shirley Crain, 2026 Ark. App. 274. “In determining that the Arkansas Trust Code’s extended SOL did not apply, the circuit court relied on Ark. Code Ann. § 28-73-1106 (b), which states that “[i]f a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under…”
Hanna ex rel. Hanna v. Hanna, 335 S.W.3d 438 (Ark. Ct. App. 2009). “…govern actions taken before September 2005, as were the majority of Burt’s actions of which Donna complains herein. Ark.Code Ann. § 28-73-1106(a)(5).”
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