Maine Revised Statutes

Me. Rev. Stat. tit. 18-B, § 1104 (2026)

Application to existing relationships

✓ current as of May 2026
Find cases: SyfertCases citing this section ME-LEGlegislature.maine.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
1.  Application.  Except as otherwise provided in this Code, on July 1, 2005:  
A. This Code applies to all trusts created before, on or after July 1, 2005;   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
B. This Code applies to all judicial proceedings concerning trusts commenced on or after July 1, 2005;   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
C. This Code applies to judicial proceedings concerning trusts commenced before July 1, 2005 unless the court finds that application of a particular provision of this Code 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or prejudice the rights of the parties, in which case the particular provision of this Code does not apply and the superseded law applies;   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
D. Any rule of construction or presumption provided in this Code applies to trust instruments executed before July 1, 2005 unless there is a clear indication of a contrary intent in the terms of the trust; and   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
E. An act done before July 1, 2005 is not affected by this Code.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
[PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
2.  Continued application of statute.  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to run under any other statute before July 1, 2005, that statute continues to apply to the right even if it has been repealed or superseded.  
[PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
SECTION HISTORY
PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
Notes of Decisions
Cited in 5 cases, 2008–2014 · leading case: City of Augusta v. Attorney Gen., 943 A.2d 582 (Me. 2008).
City of Augusta v. Attorney Gen., 943 A.2d 582 (Me. 2008). · cites it 4× “18-B M.R.S. § 1104(1) (2007). The statute provides in relevant part: 1.”
Dalton v. Comm'r, 135 T.C. 393 (Tax Ct. 2010). “As the instant proceeding is one commenced after July 1, 2005 regarding a Maine express trust, the Maine Uniform Trust Code applies. 20.”
Noveletsky v. Metro. Life Ins., 49 F. Supp. 3d 123 (D. Me. 2014). “18-B M.R.S § 1104(1)(A), (E) With this background in mind, the Court proceeds to the substance of the dispute concerning Rosenthal and Heaney’s breach of trust claims against Temkin.”
In re Pike Fam. Trusts, 38 A.3d 329 (Me. 2012). “Pursuant to 18-B M.R.S. § 1104(1)(A) (2011), sections 411 and 417 apply to trusts created before 2005.”
Cressey v. Cressey (Me. Super. Ct 2012). “18-B M.R.S. § 1104(1)(E). Arguably the actions complained of by Linda occurred prior to July 1, 2005.”
— Me. Rev. Stat. tit. 18-B, § 1104(1) — 1 case
City of Augusta v. Attorney Gen., 943 A.2d 582 (Me. 2008). “18-B M.R.S. § 1104(1) (2007). The statute provides in relevant part: 1.”
— Me. Rev. Stat. tit. 18-B, § 1104(1)(A) — 3 cases
City of Augusta v. Attorney Gen., 943 A.2d 582 (Me. 2008). “18-B M.R.S. § 1104(1) (2007). The statute provides in relevant part: 1.”
Noveletsky v. Metro. Life Ins., 49 F. Supp. 3d 123 (D. Me. 2014). “18-B M.R.S § 1104(1)(A), (E) With this background in mind, the Court proceeds to the substance of the dispute concerning Rosenthal and Heaney’s breach of trust claims against Temkin.”
In re Pike Fam. Trusts, 38 A.3d 329 (Me. 2012). “Pursuant to 18-B M.R.S. § 1104(1)(A) (2011), sections 411 and 417 apply to trusts created before 2005.”
— Me. Rev. Stat. tit. 18-B, § 1104(1)(B) — 1 case
City of Augusta v. Attorney Gen., 943 A.2d 582 (Me. 2008). “18-B M.R.S. § 1104(1) (2007). The statute provides in relevant part: 1.”
— Me. Rev. Stat. tit. 18-B, § 1104(1)(C) — 1 case
City of Augusta v. Attorney Gen., 943 A.2d 582 (Me. 2008). “18-B M.R.S. § 1104(1) (2007). The statute provides in relevant part: 1.”
— Me. Rev. Stat. tit. 18-B, § 1104(1)(E) — 1 case
Cressey v. Cressey (Me. Super. Ct 2012). “18-B M.R.S. § 1104(1)(E). Arguably the actions complained of by Linda occurred prior to July 1, 2005.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.