reglab/housing_qa huggingface dataset:
NM Stat § 46A-2-201 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 2 - Judicial Proceedings|Section 46A-2-201 - Role of court in administration of trust.

A. The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law. B. A trust is not subject to continuing judicial supervision unless ordered by the court. C. A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and an action to declare rights. History: Laws 2003, ch. 122, § 2-201. ANNOTATIONSEffective dates. — Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003.
NM Stat § 46A-2-202 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 2 - Judicial Proceedings|Section 46A-2-202 - Jurisdiction over trustee and beneficiary.

A. By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust. B. With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the courts of this state regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust. C. This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary or other person receiving property from the trust. History: Laws 2003, ch. 122, § 2-202. ANNOTATIONSEffective dates. — Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003.
NM Stat § 46A-2-203 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 2 - Judicial Proceedings|Section 46A-2-203 - Subject-matter jurisdiction.

The district court has exclusive jurisdiction of all proceedings involving a trust. History: Laws 2003, ch. 122, § 2-203; 2007, ch. 128, § 7. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, broadened district court jurisdiction to include all proceedings involving a trust.
NM Stat § 46A-2-204 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 2 - Judicial Proceedings|Section 46A-2-204 - Venue.

A. Except as otherwise provided in Subsection B of this section, venue for a judicial proceeding involving a trust is in the county of New Mexico in which the trust's principal place of administration is or will be located or, if the trust is created by will and the estate is not yet closed, in the county in which the decedent's estate is being administered. B. If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a county of New Mexico in which a beneficiary resides, in a county in which any trust property is located or, if the trust is created by will, in the county in which the decedent's estate was or is being administered. History: Laws 2007, ch. 128, § 8. ANNOTATIONSEffective dates. — Laws 2007, ch. 128, § 31 made the section effective July 1, 2007.
NM Stat § 46A-3-301 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 3 - Representation|Section 46A-3-301 - Representation; basic effect.

A. Notice to a person who may represent and bind another person pursuant to the provisions of Chapter 46A, Article 3 NMSA 1978 has the same effect as if notice were given directly to the other person. B. The consent of a person who may represent and bind another person pursuant to the provisions of Chapter 46A, Article 3 NMSA 1978 is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective. C. Except as otherwise provided in Sections 46A-4-411 and 46A-6-602 NMSA 1978, a person who pursuant to the provisions of Chapter 46A, Article 3 NMSA 1978 may represent a settlor who lacks capacity, may receive notice and give a binding consent on the settlor's behalf. D. A settlor may not represent or bind a beneficiary pursuant to the provisions of Chapter 46A, Article 3 NMSA 1978 with respect to the termination or modification of a trust under Subsection A of Section 46A-4-411 NMSA 1978. History: Laws 2003, ch. 122, § 3-301; 2007, ch. 128, § 9. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, added Subsection D. Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
NM Stat § 46A-3-302 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 3 - Representation|Section 46A-3-302 - Representation by holder of general testamentary power of appointment.

To the extent there is no conflict of interest between the holder of a general testamentary power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default or otherwise, are subject to the power. History: Laws 2003, ch. 122, § 3-302. ANNOTATIONSEffective dates. — Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003. Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
NM Stat § 46A-3-303 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 3 - Representation|Section 46A-3-303 - Representation by fiduciaries and parents.

To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute: A. a conservator may represent and bind the estate that the conservator controls; B. a guardian may represent and bind the protected person if a conservator of the protected person's estate has not been appointed; C. an agent having authority to act with respect to the particular question or dispute may represent and bind the principal; D. a trustee may represent and bind the beneficiaries of the trust; E. a personal representative of a decedent's estate may represent and bind persons interested in the estate; and F. a parent may represent and bind the parent's minor or unborn child if a conservator or guardian for the child has not been appointed. History: Laws 2003, ch. 122, § 3-303; 2009, ch. 159, § 42. ANNOTATIONSThe 2009 amendment, effective June 19, 2009, in Subsection B, deleted "ward" and added "protected person". Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
NM Stat § 46A-3-304 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 3 - Representation|Section 46A-3-304 - Representation by person having substantially identical interest.

Unless otherwise represented, a minor, incapacitated or unborn person, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented. History: Laws 2003, ch. 122, § 3-304. ANNOTATIONSEffective dates. — Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003. Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
NM Stat § 46A-3-305 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 3 - Representation|Section 46A-3-305 - Appointment of representative.

A. If the court determines that an interest is not represented under this article, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent and otherwise represent, bind and act on behalf of a minor, incapacitated or unborn person, or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests. B. A representative may act on behalf of the person represented with respect to any matter arising under the Uniform Trust Code [46A-1-101 to 46A-11-1104 NMSA 1978], whether or not a judicial proceeding concerning the trust is pending. C. In making decisions, a representative may consider the general benefit accruing to the living members of the person's family. History: Laws 2003, ch. 122, § 3-305. ANNOTATIONSEffective dates. — Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003. Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
NM Stat § 46A-4-401 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 4 - Creation, Validity, Modification and Termination of Trust|Section 46A-4-401 - Methods of creating trust.

A trust may be created by: A. transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death; B. declaration by the owner of property that the owner holds identifiable property as trustee; or C. exercise of a power of appointment in favor of a trustee. History: Laws 2003, ch. 122, § 4-401. ANNOTATIONSEffective dates. — Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003. Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
NM Stat § 46A-4-402 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 4 - Creation, Validity, Modification and Termination of Trust|Section 46A-4-402 - Requirements for creation.

A. A trust is created only if: (1) the settlor has capacity to create a trust; (2) the settlor indicates an intention to create the trust; (3) the trust has a definite beneficiary or is: (a) a charitable trust; (b) a trust for the care of an animal, as provided in Section 4-408 [46A-4-408 NMSA 1978] of the Uniform Trust Code; or (c) a trust for a noncharitable purpose, as provided in Section 4-409 [46A-4-409 NMSA 1978] of the Uniform Trust Code; (4) the trustee has duties to perform; and (5) the same person is not the sole trustee and sole beneficiary. B. A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities. C. A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred. History: Laws 2003, ch. 122, § 4-402. ANNOTATIONSEffective dates. — Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003. Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
NM Stat § 46A-4-403 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 4 - Creation, Validity, Modification and Termination of Trust|Section 46A-4-403 - Trusts created in other jurisdictions.

A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed or the law of the jurisdiction in which, at the time of creation: A. the settlor was domiciled, had a place of abode or was a national; B. a trustee was domiciled or had a place of business; or C. any trust property was located. History: Laws 2003, ch. 122, § 4-403. ANNOTATIONSEffective dates. — Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003. Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
NM Stat § 46A-4-404 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 4 - Creation, Validity, Modification and Termination of Trust|Section 46A-4-404 - Trust purposes.

A trust may be created only to the extent its purposes are lawful, not contrary to public policy and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries. History: Laws 2003, ch. 122, § 4-404. ANNOTATIONSEffective dates. — Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003. Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
NM Stat § 46A-4-405 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 4 - Creation, Validity, Modification and Termination of Trust|Section 46A-4-405 - Charitable purposes; enforcement.

A. A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes or other purposes the achievement of which is beneficial to the community. B. If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intention to the extent it can be ascertained. C. The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust. D. The corpus and income of a charitable trust may only be expended in furtherance of the charitable mission of the charitable trust, unless that charitable mission is amended or the charitable trust terminated pursuant to a cy pres proceeding as described in Section 4-413 [46A-4-413 NMSA 1978] of the Uniform Trust Code. E. The attorney general, as parens patriae, shall have authority to maintain a proceeding to enforce the charitable trust and its charitable mission. F. Nothing contained in the Uniform Trust Code [46A-1-101 NMSA 1978] shall limit the authority of the attorney general under the Charitable Solicitations Act [Chapter 57, Article 22 NMSA 1978]. History: Laws 2003, ch. 122, § 4-405. ANNOTATIONSEffective dates. — Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003. Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
NM Stat § 46A-4-406 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 4 - Creation, Validity, Modification and Termination of Trust|Section 46A-4-406 - Creation of trust induced by fraud, duress or undue influence.

A trust is void to the extent its creation was induced by fraud, duress or undue influence. History: Laws 2003, ch. 122, § 4-406. ANNOTATIONSEffective dates. — Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003. Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
NM Stat § 46A-4-407 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 4 - Creation, Validity, Modification and Termination of Trust|Section 46A-4-407 - Evidence of oral trust.

Except as required by a statute other than the Uniform Trust Code [46A-1-101 NMSA 1978], a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence. History: Laws 2003, ch. 122, § 4-407. ANNOTATIONSEffective dates. — Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003. Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
NM Stat § 46A-4-408 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 4 - Creation, Validity, Modification and Termination of Trust|Section 46A-4-408 - Trust for care of animal.

A. A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. B. A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed. C. Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor's successors in interest. History: Laws 2003, ch. 122, § 4-408. ANNOTATIONSEffective dates. — Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003. Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
NM Stat § 46A-4-409 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 4 - Creation, Validity, Modification and Termination of Trust|Section 46A-4-409 - Noncharitable trust without ascertainable beneficiary.

Except as otherwise provided in Section 4-408 [46A-4-408 NMSA 1978] of the Uniform Trust Code or by another statute, the following rules apply: A. a trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than twenty-one years; B. a trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court; and C. property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor's successors in interest. History: Laws 2003, ch. 122, § 4-409. ANNOTATIONSEffective dates. — Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003. Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
NM Stat § 46A-4-410 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 4 - Creation, Validity, Modification and Termination of Trust|Section 46A-4-410 - Modification or termination of trust; proceedings for approval or disapproval.

A. In addition to the methods of termination prescribed by Sections 4-411 through 4-414 [46A-4-411 to 46A-4-414 NMSA 1978] of the Uniform Trust Code, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved or the purposes of the trust have become unlawful, contrary to public policy or impossible to achieve. B. A proceeding to approve or disapprove a proposed modification or termination under Sections 4-411 through 4-416 [46A-4-411 to 46A-4-416 NMSA 1978] of the Uniform Trust Code or a trust combination or division under Section 4-417 [46A-4-417 NMSA 1978] of that code may be commenced by a trustee or beneficiary, and a proceeding to approve or disapprove a proposed modification or termination under Section 4-411 [46A-4-411 NMSA 1978] of that code may be commenced by the settlor. The settlor of a charitable trust may maintain a proceeding to modify the trust under Section 4-413 [46A-4-413 NMSA 1978] of that code. History: Laws 2003, ch. 122, § 4-410. ANNOTATIONSEffective dates. — Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003. Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
NM Stat § 46A-4-411 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 4 - Creation, Validity, Modification and Termination of Trust|Section 46A-4-411 - Modification or termination of noncharitable irrevocable trust by consent.

A. A noncharitable irrevocable trust may be modified or terminated upon consent of the settlor and all beneficiaries, even if the modification or termination is inconsistent with a material purpose of the trust. If upon petition the court finds that the settlor and all beneficiaries consent to the modification or termination of a noncharitable irrevocable trust, the court shall approve the modification or termination even if the modification or termination is inconsistent with a material purpose of the trust. A settlor's power to consent to a trust's modification or termination may be exercised by an agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust; by the settlor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or by the settlor's guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed. B. A noncharitable irrevocable trust may be terminated upon consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A noncharitable irrevocable trust may be modified upon consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust. C. For purposes of this section only, a spendthrift provision in the terms of a trust is not presumed to constitute either a material or an immaterial provision of the trust. D. Upon termination of a trust under Subsection A or B of this section, the trustee shall distribute the trust property as agreed by the beneficiaries. E. If not all of the beneficiaries consent to a proposed modification or termination of the trust under Subsection A or B of this section, the modification or termination may be approved by the court if the court is satisfied that: (1) if all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and (2) the interests of a beneficiary who does not consent will be adequately protected. History: Laws 2003, ch. 122, § 4-411; 2007, ch. 128, § 10. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, permitted a court to modify or terminate a noncharitable trust even if modification or termination is inconsistent with a material purpose of the trust and provided that a spendthrift provision is not a material or immaterial provision of a trust. Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
NM Stat § 46A-4-412 (2021)
2021 New Mexico Statutes|Chapter 46A - Uniform Trust Code|Article 4 - Creation, Validity, Modification and Termination of Trust|Section 46A-4-412 - Modification or termination because of unanticipated circumstances or inability to administer trust effectively.

A. The court may modify the administrative or dispositive terms of a trust or terminate the trust if it is established by clear and convincing evidence that there are circumstances not anticipated by the settlor and modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention. B. The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration. C. Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust. History: Laws 2003, ch. 122, § 4-412; 2007, ch. 128, § 11. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, required clear and convincing evidence that there are circumstances not anticipated by a settler to change or terminate a trust. Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).