§ 29A-8-101 Time of taking effect--Provisions for transition.

SD Codified L § 29A-8-101 (2019) (N/A)

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29A-8-101. Time of taking effect--Provisions for transition. (a) This code takes effect on July 1, 1995.

(b) Except as provided elsewhere in this code:

(1) This code applies to decedents dying on or after July 1, 1995, to their estates, and to the identification and rights of their successors;

(2) This code applies to governing instruments executed by decedents dying on or after July 1, 1995, no matter when executed. Any rule of construction or presumption provided in this code applies to governing instruments executed before July 1, 1995, unless there is a clear indication of a contrary intent;

(3) This code applies to any proceedings in court commenced on or after July 1, 1995, regardless of the date of the decedent's death. Notwithstanding the repeal of Titles 29 and 30, the provisions of prior law continue to apply to any proceedings pending on July 1, 1995, except to the extent that the court, following petition therefor, orders that the procedures prescribed by this code be made applicable;

(4) An act done before July 1, 1995, in any proceeding and any right accrued before July 1, 1995, is not impaired by this code. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before July 1, 1995, those provisions shall remain in force with respect to such right.Source: SL 1995, ch 167, § 8-101.

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