reglab/housing_qa huggingface dataset:
NM Stat § 45-2-703 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 7 - RULES OF CONSTRUCTION FOR GOVERNING INSTRUMENTS|Section 45-2-703 - Choice of law as to meaning and effect of governing instrument.

The meaning and legal effect of a governing instrument is determined by the local law of the state selected in the governing instrument unless the application of that law is contrary to the provisions relating to allowances described in Chapter 45, Article 2, Part 4 NMSA 1978 or any other public policy of this state otherwise applicable to the disposition. History: 1978 Comp., § 45-2-703, enacted by Laws 1993, ch. 174, § 51; 1995, ch. 210, § 16. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 2-703 UPC. The 1995 amendment, effective July 1, 1995, deleted "by the transferor" following "state selected" near the beginning of the section.
NM Stat § 45-2-704 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 7 - RULES OF CONSTRUCTION FOR GOVERNING INSTRUMENTS|Section 45-2-704 - Power of appointment; compliance with specific reference requirement.

A powerholder's substantial compliance with a formal requirement of appointment imposed in a governing instrument by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if:A. the powerholder knows of and intends to exercise the power; andB. the powerholder's manner of attempted exercise does not impair a material purpose of the donor in imposing the requirement.History: 1978 Comp., § 45-2-704, enacted by Laws 2019, ch. 221, § 2. ANNOTATIONSRepeals. — Laws 2016, ch. 69, § 724 repealed 45-2-704 NMSA 1978, as enacted by Laws 1993, ch. 174, § 52, relating to power of appointment, compliance with specific reference requirement, effective January 1, 2017. For provisions of former section, see the 2016 NMSA 1978 on NMOneSource.com. Effective dates. — Laws 2019, ch. 221, § 8 made Laws 2019, ch. 221 effective July 1, 2019.Applicability. — Laws 2019, ch. 221, § 7, provided that the provisions of this act apply to:A. a governing instrument created before, on or after July 1, 2019;B. a judicial proceeding commenced on or after July 1, 2019; andC. a judicial proceeding commenced before July 1, 2019, unless the court finds that application of a particular provision of this act would substantially interfere with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision does not apply and the previous law applies.
NM Stat § 45-2-708 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 7 - RULES OF CONSTRUCTION FOR GOVERNING INSTRUMENTS|Section 45-2-708 - Class gifts to descendants, issue or heirs of the body; form of distribution if none specified.

If a class gift in favor of "descendants", "issue" or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment in such shares as they would receive pursuant to the applicable law of intestate succession if the designated ancestor had then died intestate owning the subject matter of the class gift. History: 1978 Comp., § 45-2-708, enacted by Laws 1993, ch. 174, § 56. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 2-708 UPC.
NM Stat § 45-2-709 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 7 - RULES OF CONSTRUCTION FOR GOVERNING INSTRUMENTS|Section 45-2-709 - Representation; per capita at each generation; per stirpes.

A. As used in this section: (1) "deceased child" or "deceased descendant" means a child or a descendant who either predeceased the distribution date or is deemed to have predeceased the distribution date pursuant to the provisions of Section 45-2-702 NMSA 1978; (2) "distribution date", with respect to an interest, means the time when the interest is to take effect in possession or enjoyment. The distribution date need not occur at the beginning or end of a calendar day, but can occur at a time during the course of a day; and (3) "surviving ancestor", "surviving child" or "surviving descendant" means an ancestor, a child or a descendant who neither predeceased the distribution date nor is deemed to have predeceased the distribution date pursuant to the provisions of Section 45-2-702 NMSA 1978. B. If an applicable statute or a governing instrument calls for property to be distributed "by representation" or "per capita at each generation", the property is divided into as many equal shares as there are: (1) surviving descendants in the generation nearest to the designated ancestor that contains one or more surviving descendants; and (2) deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated one share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the distribution date. C. If a governing instrument calls for property to be distributed "per stirpes", the property is divided into as many equal shares as there are: (1) surviving children of the designated ancestor; and (2) deceased children who left surviving descendants. Each surviving child, if any, is allocated one share. The share of each deceased child with surviving descendants is divided in the same manner, with subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants. D. For the purposes of Subsections B and C of this section, an individual who is deceased and left no surviving descendant is disregarded and an individual who leaves a surviving ancestor who is a descendant of the designated ancestor is not entitled to a share. History: 1978 Comp., § 45-2-709, enacted by Laws 1993, ch. 174, § 57; 1995, ch. 210, § 19; 2011, ch. 124, § 29. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 2-709 UPC. The 2011 amendment, effective January 1, 2012, in Subsection C, provided that each surviving child, if any, is allocated one share. The 1995 amendment, effective July 1, 1995, inserted "if any" following "deceased child" in the second paragraph of Subsection C.
NM Stat § 45-2-710 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 7 - RULES OF CONSTRUCTION FOR GOVERNING INSTRUMENTS|Section 45-2-710 - Worthier-title doctrine abolished.

The doctrine of worthier title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's "heirs", "heirs at law", "next of kin", "distributees", "relatives" or "family" or language of similar import does not create or presumptively create a reversionary interest in the transferor. History: 1978 Comp., § 45-2-710, enacted by Laws 1993, ch. 174, § 58. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 2-710 UPC.
NM Stat § 45-2-711 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 7 - RULES OF CONSTRUCTION FOR GOVERNING INSTRUMENTS|Section 45-2-711 - Future interests in heirs and like.

If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated individual's "heirs", "heirs at law", "next of kin", "relatives" or "family" or language of similar import, the property passes to those persons, including the state, and in such shares as would succeed to the designated individual's intestate estate under the intestate succession law of the designated individual's domicile if the designated individual died when the disposition is to take effect in possession or enjoyment. If the designated individual's surviving spouse is living but is remarried at the time the disposition is to take effect in possession or enjoyment, the surviving spouse is not an heir of the designated individual. History: 1978 Comp., § 45-2-711, enacted by Laws 1993, ch. 174, § 59; 1995, ch. 210, § 20. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 2-711 UPC. The 1995 amendment, effective July 1, 1995, in the first sentence, inserted "present or" in two places near the beginning and deleted "pursuant to the provisions of Section 45-2-105 NMSA 1978" following "including the state" near the middle.
NM Stat § 45-2-801 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 8 - GENERAL PROVISIONS|Section 45-2-801 - Repealed.

ANNOTATIONSRepeals. — Laws 2001, ch. 290, § 18, repealed 45-2-801 NMSA 1978, as amended by Laws 1995, ch. 210, § 21, relating to a disclaimer of property interests, effective July 1, 2001. For provisions of former section, see the 2000 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 45-2-1101 NMSA 1978.
NM Stat § 45-2-805 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 8 - GENERAL PROVISIONS|Section 45-2-805 - Reformation to correct mistakes.

The district court may reform the terms of a governing instrument, even if unambiguous, to conform the terms to the transferor's intention if it is proved by clear and convincing evidence what the transferor's intention was and that the terms of the governing instrument were affected by a mistake of fact or law, whether in expression or inducement. History: 1978 Comp., § 45-2-805, enacted by Laws 2011, ch. 124, § 32. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 32 recompiled former 45-2-805 NMSA 1978 as 45-2-807 NMSA 1978 and enacted a new section as 45-2-805 NMSA 1978, effective January 1, 2012.
NM Stat § 45-2-806 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 8 - GENERAL PROVISIONS|Section 45-2-806 - Modification to achieve transferor's tax objectives.

To achieve the transferor's tax objectives, the district court may modify the terms of a governing instrument in a manner that is not contrary to the transferor's probable intention. The district court may provide that the modification has retroactive effect. History: 1978 Comp., § 45-2-806, enacted by Laws 2011, ch. 124, § 33. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 33 recompiled former 45-2-806 NMSA 1978 as 45-2-808 NMSA 1978 and enacted new section as 45-2-806 NMSA 1978, effective January 1, 2012.
NM Stat § 45-2-808 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 8 - GENERAL PROVISIONS|Section 45-2-808 - Validity and effect of will executed by a wife prior to July 1, 1973.

If a wife has executed a will prior to July 1, 1973, which remains unrevoked or unamended and in which she has not exercised a power of testamentary disposition over her one-half interest in the community property by specific reference thereto and affirmative disposition thereof, her interest in the community property goes to her surviving husband. The wife's will shall be valid in disposing of any other property over which she has testamentary disposition notwithstanding her legal disability under prior law to exercise a power of testamentary disposition of her interest in the community property. History: 1953 Comp., § 29-1-32, enacted by Laws 1973, ch. 276, § 8; 1978 Comp., § 45-8-9, recompiled as 1978 Comp., § 45-2-806 by Laws 1993, ch. 174, § 65; recompiled as 1978 Comp., § 45-2-808 by Laws 2011, ch. 124, § 33. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 33 recompiled former 45-2-806 NMSA 1978 as 45-2-808 NMSA 1978 and enacted a new 45-2-806 NMSA 1978, effective January 1, 2012. Cross references. — For intestate share of spouse in separate and community properties, see 45-2-102 NMSA 1978. For the general disposition of community property upon the death of one spouse, see 45-2-804 NMSA 1978. For definition of community property, see 40-3-8 NMSA 1978. For presumption of separate property where acquisition by wife in her own name prior to July 1, 1973, see 40-3-12 NMSA 1978. For transfer and management of community real property, see 40-3-13 NMSA 1978. For transfer and management of community personal property, see 40-3-14 NMSA 1978.
NM Stat § 45-2-1001 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 10 - INTERNATIONAL WILLS|Section 45-2-1001 - Definitions.

As used in Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001 to 45-2-1010 NMSA 1978]: A. "international will" means a will executed in conformity with Sections 45-2-1102 through 45-2-1105 NMSA 1978 [45-2-1002 to 45-2-1005 NMSA 1978]; and B. "authorized person" or "person authorized to act in connection with international wills" means a person who, by Section 45-2-1109 NMSA 1978 [45-2-1009 NMSA 1978] or by the laws of the United States, including members of the diplomatic and consular service of the United States designated by foreign service regulations, is empowered to supervise the execution of international wills. History: 1978 Comp., § 45-2-1101, enacted by Laws 1992, ch. 66, § 7; recompiled as 1978 Comp., § 45-2-1001 by Laws 1993, ch. 174, § 67. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 2-1001 UPC. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The bracketed translations were inserted in light of the 1993 recompilation of this part. Recompilations. — Laws 1993, ch. 174, § 66 recompiled former 45-2-1001 NMSA 1978, as enacted by Laws 1992, ch. 66, § 1, relating to the statutory rule against perpetuities, as 45-2-901 NMSA 1978, effective July 1, 1993.
NM Stat § 45-2-1002 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 10 - INTERNATIONAL WILLS|Section 45-2-1002 - International will; validity.

A. A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will complying with the requirements of Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001 to 45-2-1010 NMSA 1978]. B. The invalidity of the will as an international will does not affect its formal validity as a will of another kind. C. Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001 to 45-2-1010 NMSA 1978] do not apply to the form of testamentary dispositions made by two or more persons in one instrument. History: 1978 Comp., § 45-2-1102, enacted by Laws 1992, ch. 66, § 8; recompiled as 1978 Comp., § 45-2-1002 by Laws 1993, ch. 174, § 67. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 2-1002 UPC. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The bracketed translations were inserted in light of the 1993 recompilation of this part. Recompilations. — Laws 1993, ch. 174, § 66 recompiled former 45-2-1002 NMSA 1978, as enacted by Laws 1992, ch. 66, § 2, relating to the statutory rule against perpetuities, as 45-2-902 NMSA 1978, effective July 1, 1993.
NM Stat § 45-2-1003 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 10 - INTERNATIONAL WILLS|Section 45-2-1003 - International will; requirements.

A. The will must be made in writing. It need not be written by the testator himself. It may be written in any language, by hand or by any other means. B. The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is his will and that he knows the contents thereof. The testator need not inform the witnesses, or the authorized person, of the contents of the will. C. In the presence of the witnesses, and of the authorized person, the testator shall sign the will or, if he has previously signed it, shall acknowledge his signature. D. If the testator is unable to sign, the absence of his signature does not affect the validity of the international will if the testator indicates the reason for his inability to sign and the authorized person makes note thereof on the will. In that case, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator, to sign the testator's name for him if the authorized person makes note of this on the will, but it is not required that any person sign the testator's name for him. E. The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator. History: 1978 Comp., § 45-2-1103, enacted by Laws 1992, ch. 66, § 9; recompiled as 1978 Comp., § 45-2-1003 by Laws 1993, ch. 174, § 67. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 2-1003 UPC. Recompilations. — Laws 1993, ch. 174, § 66 recompiled former 45-2-1003 NMSA 1978, as enacted by Laws 1992, ch. 66, § 3, relating to the statutory rule against perpetuities, as 45-2-903 NMSA 1978, effective July 1, 1993.
NM Stat § 45-2-1004 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 10 - INTERNATIONAL WILLS|Section 45-2-1004 - International will; other points of form.

A. The signatures shall be placed at the end of the will. If the will consists of several sheets, each sheet shall be signed by the testator or, if he is unable to sign, by the person signing on his behalf or, if there is no such person, by the authorized person. In addition, each sheet shall be numbered. B. The date of the will shall be the date of its signature by the authorized person. That date shall be noted at the end of the will by the authorized person. C. The authorized person shall ask the testator whether he wishes to make a declaration concerning the safekeeping of his will. If so and at the express request of the testator, the place where he intends to have his will kept shall be mentioned in the certificate provided for in Section 45-2-1105 NMSA 1978 [45-2-1005 NMSA 1978]. D. A will executed in compliance with Section 45-2-1103 NMSA 1978 is not invalid merely because it does not comply with this section. History: 1978 Comp., § 45-2-1104, enacted by Laws 1992, ch. 66, § 10; recompiled as 1978 Comp., § 45-2-1004 by Laws 1993, ch. 174, § 67. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 2-1004 UPC. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The bracketed translations were inserted in light of the 1993 recompilation of this part. Recompilations. — Laws 1993, ch. 174, § 66 recompiled former 45-2-1004 NMSA 1978, as enacted by Laws 1992, ch. 66, § 4, relating to the statutory rule against perpetuities as 45-2-904 NMSA 1978, effective July 1, 1993.
NM Stat § 45-2-1005 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 10 - INTERNATIONAL WILLS|Section 45-2-1005 - International will; certificate.

The authorized person shall attach to the will a certificate to be signed by him establishing that the requirements of Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001 to 45-2-1010 NMSA 1978] for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate must be substantially in the following form: CERTIFICATE 1. I, ________________________ (name, address, and capacity), a person authorized to act in connection with international wills, 2. certify that on __________________ (date) at __________________ (place) 3. (testator) ____ (name, address, date and place of birth) in my presence and that of the witnesses 4. (a) __________________ (name, address, date and place of birth)  (b) __________________ (name, address, date and place of birth) has declared that the attached document is his will and that he knows the contents thereof. 5. I furthermore certify that: 6. (a) in my presence and in that of the witnesses (1) the testator has signed the will or has acknowledged his signature previously affixed; *(2) following a declaration of the testator stating that he was unable to sign his will for the following reason __________________, I have mentioned this declaration on the will, *and the signature has been affixed by ______________________________ (name and address); 7. (b) the witnesses and I have signed the will; 8. *(c) each page of the will has been signed by ______________ and numbered; 9. (d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above; 10. (e) the witnesses met the conditions requisite to act as such according to the law under which I am acting; 11. *(f) the testator has requested me to include the following statement concerning the safekeeping of his will:  ________________________________________________________________________ 12. PLACE OF EXECUTION 13. DATE 14. SIGNATURE and, if necessary, SEAL  *to be completed if appropriate. History: 1978 Comp., § 45-2-1105, enacted by Laws 1992, ch. 66, § 11; recompiled as 1978 Comp., § 45-2-1005 by Laws 1993, ch. 174, § 67. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 2-1005 UPC. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The bracketed translations were inserted in light of the 1993 recompilation of this part. Recompilations. — Laws 1993, ch. 174, § 66 recompiled former 45-2-1005 NMSA 1978, as enacted by Laws 1992, ch. 66, § 5, relating to the statutory rule against perpetuities, as 45-2-905 NMSA 1978, effective July 1, 1993.
NM Stat § 45-2-1006 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 10 - INTERNATIONAL WILLS|Section 45-2-1006 - International will; effect of certificate.

In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001 to 45-2-1010 NMSA 1978]. The absence or irregularity of a certificate does not affect the formal validity of a will under Sections 45-2-1101 through 45-2-1110 NMSA 1978. History: 1978 Comp., § 45-2-1106, enacted by Laws 1992, ch. 66, § 12; recompiled as 1978 Comp., § 45-2-1006 by Laws 1993, ch. 174, § 67. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 2-1006 UPC. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The bracketed translations were inserted in light of the 1993 recompilation of this part. Recompilations. — Laws 1993, ch. 174, § 66 recompiled former 45-2-1006 NMSA 1978, as enacted by Laws 1992, ch. 66, § 6, relating to the statutory rule against perpetuities, as 45-2-906 NMSA 1978, effective July 1, 1993.
NM Stat § 45-2-1007 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 10 - INTERNATIONAL WILLS|Section 45-2-1007 - International will; revocation.

An international will is subject to the ordinary rules of revocation of wills. History: 1978 Comp., § 45-2-1107, enacted by Laws 1992, ch. 66, § 13; recompiled as 1978 Comp., § 45-2-1007 by Laws 1993, ch. 174, § 67. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 2-1007 UPC.