reglab/statecodes huggingface dataset:
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 2-710 UPC.
2023 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.
ANNOTATIONS
Official 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.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 8 - GENERAL PROVISIONS › Section 45-2-801 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 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.
ANNOTATIONS
Recompilations.
— 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.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES; HONORARY TRUSTS; TRUSTS FOR PETS; TIME LIMITS ON OPTIONS IN GROSS AND CERTAIN OTHER INTERESTS IN REAL PROPERTY › Subpart 1 - Uniform Statutory Rule Against Perpetuities › Section 45-2-902 - Nonvested property interest or power of appointment created.

A. Except as provided in Subsections B and C of this section and except as provided in Subsection A of Section 45-2-905 NMSA 1978, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.
B. Under Sections 45-2-901 through 45-2-905 NMSA 1978, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified owner of either a nonvested property interest or a property interest subject to a power of appointment as described in Subsection B or C of Section 45-2-901 NMSA 1978, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. Under Sections 45-2-901 through 45-2-905 NMSA 1978, a joint power with respect to community property or to marital property under the Uniform Marital Property Act held by individuals married to each other is a power exercisable by one person alone.
C. Under Sections 45-2-901 through 45-2-905 NMSA 1978, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
History:
1978 Comp., § 45-2-1002, enacted by Laws 1992, ch. 66, § 2; recompiled as 1978 Comp., § 45-2-902 by Laws 1993, ch. 174, § 66; 1995, ch. 210, § 25.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 2-902 UPC.
Repeals.
— Laws 1993, ch. 174, § 84 repealed former 45-2-902 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-902, relating to the duty and liability of the custodian of a will, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
The 1995 amendment,
effective July 1, 1995, substituted "Section 45-2-905 NMSA 1978" for "Section 45-2-1005 NMSA 1978" in Subsection A; substituted "Section 45-2-901 NMSA 1978" for "Section 45-2-1001 NMSA 1978" in the first sentence of Subsection B; and substituted "Sections 45-2-901 through 45-2-905 NMSA 1978" for "Sections 45-2-1001 through 45-2-1005 NMSA 1978" in two places in Subsection B and in Subsection C.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES; HONORARY TRUSTS; TRUSTS FOR PETS; TIME LIMITS ON OPTIONS IN GROSS AND CERTAIN OTHER INTERESTS IN REAL PROPERTY › Subpart 1 - Uniform Statutory Rule Against Perpetuities › Section 45-2-903 - Reformation.

Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the ninety years allowed by each Paragraph (2) of Subsections A, B or C of Section 45-2-901 NMSA 1978 if:
A. a nonvested property interest or a power of appointment becomes invalid under Section 45-2-901 NMSA 1978;
B. a class gift is not but might become invalid under Section 45-2-901 NMSA 1978 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
C. a nonvested property interest that is not validated by Paragraph (1) of Subsection A of Section 45-2-901 NMSA 1978 can vest but not within ninety years after its creation.
History:
1978 Comp., § 45-2-1003, enacted by Laws 1992, ch. 66, § 3; recompiled as 1978 Comp., § 45-2-903 by Laws 1993, ch. 174, § 66; 1995, ch. 210, § 26.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 2-903 UPC.
The 1995 amendment,
effective July 1, 1995, substituted "Section 45-2-901 NMSA 1978" for "Section 45-2-1001 NMSA 1978" in four places throughout the section.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES; HONORARY TRUSTS; TRUSTS FOR PETS; TIME LIMITS ON OPTIONS IN GROSS AND CERTAIN OTHER INTERESTS IN REAL PROPERTY › Subpart 1 - Uniform Statutory Rule Against Perpetuities › Section 45-2-905 - Prospective application.

A. Except as extended by Subsection B of this section, Sections 45-2-901 through 45-2-905 NMSA 1978 apply to a nonvested property interest or a power of appointment that is created on or after July 1, 1992. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
B. If a nonvested property interest or a power of appointment was created before July 1, 1992 and is determined in a judicial proceeding, commenced on or after July 1, 1992, to violate the New Mexico rule against perpetuities as that rule existed before July 1, 1992, a court, upon the petition of an interested person, may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.
History:
1978 Comp., § 45-2-1005, enacted by Laws 1992, ch. 66, § 5; recompiled as 1978 Comp., § 45-2-905 by Laws 1993, ch. 174, § 66; 1995, ch. 210, § 28.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 2-905 UPC.
The 1995 amendment,
effective July 1, 1995, substituted "Sections 45-2-901 through 45-2-905 NMSA 1978" for "Sections 45-2-1001 through 45-2-1005 NMSA 1978" in the first sentence in Subsection A.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES; HONORARY TRUSTS; TRUSTS FOR PETS; TIME LIMITS ON OPTIONS IN GROSS AND CERTAIN OTHER INTERESTS IN REAL PROPERTY › Subpart 1 - Uniform Statutory Rule Against Perpetuities › Section 45-2-906 - Supersession.

Sections 45-2-901 through 45-2-905 NMSA 1978 supersede the rule of the common law known as the rule against perpetuities.
History:
1978 Comp., § 45-2-1006, enacted by Laws 1992, ch. 66, § 6; recompiled as 1978 Comp., § 45-2-906 by Laws 1993, ch. 174, § 66; 1995, ch. 210, § 29.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, substituted "Sections 45-2-901 through 45-2-905 NMSA 1978" for "Sections 45-2-1001 through 45-2-1005 NMSA 1978".
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES; HONORARY TRUSTS; TRUSTS FOR PETS; TIME LIMITS ON OPTIONS IN GROSS AND CERTAIN OTHER INTERESTS IN REAL PROPERTY › Subpart 2 - Honorary Trusts; Trusts For Pets › Section 45-2-907 - Repealed.

History:
1978 Comp., § 45-2-907, enacted by Laws 1995, ch. 210, § 30; repealed by Laws 2016, ch. 69, § 725.
ANNOTATIONS
Repeals.
— Laws 2016, ch. 69, § 725 repealed 45-2-907 NMSA 1978, as enacted by Laws 1995, ch. 210, § 30, relating to honorary trusts, trusts for pets, effective July 1, 2016. For provisions of former section,
see
the 2015 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES; HONORARY TRUSTS; TRUSTS FOR PETS; TIME LIMITS ON OPTIONS IN GROSS AND CERTAIN OTHER INTERESTS IN REAL PROPERTY › Subpart 3 - Time Limits On Options In Gross And Certain Other Interests In Real Property › Section 45-2-908 - Definitions.

As used in Sections 45-2-909 through 45-2-914 NMSA 1978:
A. "nonvested easement in gross" means a nonvested easement that is not created to benefit or that does not benefit the possessor of any real property in the possessor's use of it as the possessor;
B. "option in gross with respect to an interest in real property" means an option in which the holder of the option does not own any leasehold or other interest in the real property that is the subject of the option; and
C. "preemptive right in the nature of a right of first refusal in gross with respect to an interest in real property" means a preemptive right in which the holder of the preemptive right does not own any leasehold or other interest in the real property that is the subject of the preemptive right.
History:
1978 Comp., § 45-2-908, enacted by Laws 2011, ch. 124, § 35.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 104 made Laws 2011, ch. 124, § 35 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES; HONORARY TRUSTS; TRUSTS FOR PETS; TIME LIMITS ON OPTIONS IN GROSS AND CERTAIN OTHER INTERESTS IN REAL PROPERTY › Subpart 3 - Time Limits On Options In Gross And Certain Other Interests In Real Property › Section 45-2-909 - Interest in real property.

An option in gross with respect to an interest in real property or a preemptive right in the nature of a right of first refusal in gross with respect to an interest in real property becomes invalid if it is not actually exercised within thirty years after its creation.
History:
1978 Comp., § 45-2-909, enacted by Laws 2011, ch. 124, § 36.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 104 made Laws 2011, ch. 124, § 36 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES; HONORARY TRUSTS; TRUSTS FOR PETS; TIME LIMITS ON OPTIONS IN GROSS AND CERTAIN OTHER INTERESTS IN REAL PROPERTY › Subpart 3 - Time Limits On Options In Gross And Certain Other Interests In Real Property › Section 45-2-910 - Lease to commence in the future.

A lease of real property to commence at a time certain or upon the occurrence or nonoccurrence of a future event becomes invalid if its term does not actually commence in possession within thirty years after its execution.
History:
1978 Comp., § 45-2-910, enacted by Laws 2011, ch. 124, § 37.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 104 made Laws 2011, ch. 124, § 37 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES; HONORARY TRUSTS; TRUSTS FOR PETS; TIME LIMITS ON OPTIONS IN GROSS AND CERTAIN OTHER INTERESTS IN REAL PROPERTY › Subpart 3 - Time Limits On Options In Gross And Certain Other Interests In Real Property › Section 45-2-911 - Nonvested easement.

A nonvested easement in gross becomes invalid if it does not actually vest within thirty years after its creation.
History:
1978 Comp., § 45-2-911, enacted by Laws 2011, ch. 124, § 38.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 104 made Laws 2011, ch. 124, § 38 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES; HONORARY TRUSTS; TRUSTS FOR PETS; TIME LIMITS ON OPTIONS IN GROSS AND CERTAIN OTHER INTERESTS IN REAL PROPERTY › Subpart 3 - Time Limits On Options In Gross And Certain Other Interests In Real Property › Section 45-2-912 - Possibility of reverter, right of entry, executory interest.

A possibility of reverter preceded by a fee simple determinable, a right of entry preceded by a fee simple subject to a condition subsequent or an executory interest preceded by either a fee simple determinable or a fee simple subject to an executory limitation becomes invalid, and the preceding fee simple becomes a fee simple absolute, if the right to vest in possession of the possibility of reverter, right of entry or executory interest depends on an event or events affecting the use of real property and if the possibility of reverter, right of entry or executory interest does not actually vest in possession within thirty years after its creation.
History:
1978 Comp., § 45-2-911, enacted by Laws 2011, ch. 124, § 39.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 104 made Laws 2011, ch. 124, § 39 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES; HONORARY TRUSTS; TRUSTS FOR PETS; TIME LIMITS ON OPTIONS IN GROSS AND CERTAIN OTHER INTERESTS IN REAL PROPERTY › Subpart 3 - Time Limits On Options In Gross And Certain Other Interests In Real Property › Section 45-2-913 - Exclusions.

A. Section 45-2-912 NMSA 1978 does not apply to a possibility of reverter, right of entry or executory interest that is held by a charity, a government or governmental agency or subdivision excluded from the provisions of Section 45-2-901 NMSA 1978 by Subsection E of Section 45-2-904 NMSA 1978.
B. Sections 45-2-909 and 45-2-910 NMSA 1978 do not apply to an option, a preemptive right in the nature of a right of first refusal or a lease that relates solely to an interest in oil, gas or other minerals.
History:
1978 Comp., § 45-2-911, enacted by Laws 2011, ch. 124, § 40.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 104 made Laws 2011, ch. 124, § 40 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES; HONORARY TRUSTS; TRUSTS FOR PETS; TIME LIMITS ON OPTIONS IN GROSS AND CERTAIN OTHER INTERESTS IN REAL PROPERTY › Subpart 3 - Time Limits On Options In Gross And Certain Other Interests In Real Property › Section 45-2-914 - Application.

Sections 45-2-908 through 45-2-913 NMSA 1978 apply only to a property interest or arrangement affecting real property that is created on or after January 1, 2012.
History:
1978 Comp., § 45-2-911, enacted by Laws 2011, ch. 124, § 41.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 104 made Laws 2011, ch. 124, § 41 effective January 1, 2012.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official 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.
2023 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.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 2-1007 UPC.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 10 - INTERNATIONAL WILLS › Section 45-2-1008 - Source and construction.

Sections 45-2-1101 through 45-2-1107 NMSA 1978 [45-2-1001 to 45-2-1007 NMSA 1978] derive from annex to convention of October 26, 1973, providing a uniform law on the form of an international will. In interpreting and applying Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001 to 45-2-1010 NMSA 1978], regard shall be had to its international origin and to the need for uniformity in its interpretation.
History:
1978 Comp., § 45-2-1108, enacted by Laws 1992, ch. 66, § 14; recompiled as 1978 Comp., § 45-2-1008 by Laws 1993, ch. 174, § 67.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 2-10081 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.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 10 - INTERNATIONAL WILLS › Section 45-2-1009 - Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency.

Individuals who have been admitted to practice law before the courts of this state and are currently licensed so to do are authorized persons in relation to international wills.
History:
1978 Comp., § 45-2-1109, enacted by Laws 1992, ch. 66, § 15; recompiled as 1978 Comp., § 45-2-1009 by Laws 1993, ch. 174, § 67.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 2-1009 UPC.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 10 - INTERNATIONAL WILLS › Section 45-2-1010 - International will; information registration.

The secretary of state shall establish a registry system by which authorized persons may register, in a central information center, information regarding the execution of international wills, keeping that information in strictest confidence until the death of the maker and then making it available to any person desiring information about any will who presents a death certificate or other satisfactory evidence of the testator's death to the center. Information that may be received, preserved in confidence until death and reported as indicated is limited to the name, social security or any other individual identifying number established by law, address and date and place of birth of the testator, and the intended place of deposit or safekeeping of the instrument pending the death of the maker. The secretary of state, at the request of the authorized person, may cause the information it receives about execution of any international will to be transmitted to the registry system of another jurisdiction as identified by the testator, if that other system adheres to rules protecting the confidentiality of the information similar to those established in this state.
History:
1978 Comp., § 45-2-1110, enacted by Laws 1992, ch. 66, § 16; recompiled as 1978 Comp., § 45-2-1010 by Laws 1993, ch. 174, § 67.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 11 - PROPERTY INTERESTS › Section 45-2-1102 - Definitions.

As used in the Uniform Disclaimer of Property Interests Act:
A. "disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made;
B. "disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made;
C. "disclaimer" means the refusal to accept an interest in or power over property;
D. "fiduciary" means a personal representative, trustee, agent acting under a power of attorney or other person authorized to act as a fiduciary with respect to the property of another person;
E. "jointly held property" means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property; and
F. "trust" means:
(1) an express trust, charitable or noncharitable, with additions thereto, whenever and however created; and
(2) a trust created pursuant to a statute, judgment or decree that requires the trust to be administered in the manner of an express trust.
History:
Laws 2001, ch. 290, § 2; 1978 Comp., § 46-10-2 recompiled and amended as § 45-2-1102 NMSA 1978 by Laws 2011, ch. 124, § 90.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 90 recompiled and amended former 46-10-2 NMSA 1978 as 45-2-1102 NMSA 1978, effective January 1, 2012.
The 2011 amendment,
effective January 1, 2012, eliminated the definitions of "person" and "state".
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 11 - PROPERTY INTERESTS › Section 45-2-1103 - Scope.

The Uniform Disclaimer of Property Interests Act applies to disclaimers of any interest in or power over property, whenever created.
History:
Laws 2001, ch. 290, § 3; 1978 Comp., § 46-10-3 recompiled as § 45-2-1103 by Laws 2011, ch. 124, § 101.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 101 recompiled former 46-10-3 NMSA 1978 as 45-2-1103 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 11 - PROPERTY INTERESTS › Section 45-2-1104 - Uniform Disclaimer of Property Interests Act supplemented by other law.

A. Unless displaced by a provision of the Uniform Disclaimer of Property Interests Act, the principles of law and equity supplement that act.
B. The Uniform Disclaimer of Property Interests Act does not limit any right of a person to waive, release, disclaim or renounce an interest in or power over property under a law other than that act.
History:
Laws 2001, ch. 290, § 4; 1978 Comp., § 46-10-4 recompiled as § 45-2-1104 by Laws 2011, ch. 124, § 101.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 101 recompiled former 46-10-4 NMSA 1978 as 45-2-1104 NMSA 1978, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 11 - PROPERTY INTERESTS › Section 45-2-1108 - Disclaimer of interest by trustee.

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
History:
Laws 2001, ch. 290, § 8; 1978 Comp., § 46-10-8 recompiled as § 45-2-1108 by Laws 2011, ch. 124, § 101.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 101 recompiled former 46-10-8 NMSA 1978 as 45-2-1108 NMSA 1978, effective January 1, 2012.
COMMENT
This section deals with disclaimer of a right to receive property into a trust, and thus applies only to trustees. (A disclaimer of a right to receive property by a fiduciary acting on behalf of an individual, such as a personal representative, conservator, guardian, or agent is governed by the section of the statute applicable to the type of interest being disclaimed.) The instrument under which the right to receive the property was created may govern the disposition of the property in the event of a disclaimer by providing for a disposition when the trust does not exist. When the instrument does not make such a provision, the doctrine of resulting trust will carry the property back to the donor. The effect of the actions of co-trustees will depend on the state law governing the action of multiple trustees. Every disclaimer by a trustee must be compatible with the trustee's fiduciary obligations.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 11 - PROPERTY INTERESTS › Section 45-2-1109 - Disclaimer of power of appointment or other power not held in fiduciary capacity.

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:
A. If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
B. If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.
C. The instrument creating the power is construed as if the power expired when the disclaimer became effective.
History:
Laws 2001, ch. 290, § 9; 1978 Comp., § 46-10-9 recompiled as § 45-2-1109 by Laws 2011, ch. 124, § 101.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 101 recompiled former 46-10-9 NMSA 1978 as 45-2-1109 NMSA 1978, effective January 1, 2012.
COMMENT
Section 2-1105(a) [45-2-1105 NMSA 1978] authorizes a person to disclaim an interest in or power over property. Section 2-1109 [45-2-1109 NMSA 1978] provides rules for disclaimers of powers which are not held in a fiduciary capacity. The most common non-fiduciary power is a power of appointment. Section 2-1105(a) also authorizes the partial disclaimer of a power as well as of an interest. For example, the disclaimer could be of a portion of the power to appoint one's self, while retaining the right to appoint to others. The effect of a disclaimer of a power under Section 2-1109 depends on whether or not the holder has exercised the power and on what sort of power is held. If a holder disclaims a power before exercising it, the power expires and can never be exercised. If the power has been exercised, the power is construed as having expired immediately after its last exercise by the holder. The disclaimer affects only the holder of the power and will not affect other aspects of the power.
Example 1.
T creates a testamentary trust to pay the income to A for life, remainder as A shall appoint by will among her descendants living at A's death and four named charities. If A does not exercise her power, the remainder passes to her descendants living at her death by representation. A disclaims the power. The power can no longer be exercised and on A's death the remainder will pass to the takers in default.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 11 - PROPERTY INTERESTS › Section 45-2-1114 - Tax qualified disclaimer.

Notwithstanding any other provision of the Uniform Disclaimer of Property Interests Act, if as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under the Uniform Disclaimer of Property Interests Act.
History:
Laws 2001, ch. 290, § 14; 1978 Comp., § 46-10-14 recompiled as § 45-2-1114 by Laws 2011, ch. 124, § 101.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 101 recompiled former 46-10-14 NMSA 1978 as 45-2-1114 NMSA 1978, effective January 1, 2012.
COMMENT
This section coordinates the Act with the requirements of a qualified disclaimer for transfer tax purposes under IRC §2518. Any disclaimer which is qualified for estate and gift tax purposes is a valid disclaimer under this Act even if its does not otherwise meet the Act's more specific requirements.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 11 - PROPERTY INTERESTS › Section 45-2-1115 - Recording of disclaimer.

If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded or registered, the disclaimer may be so filed, recorded or registered. Except as otherwise provided in Paragraph (2) of Subsection G of Section 45-2-1112 NMSA 1978, failure to file, record or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.
History:
Laws 2001, ch. 290, § 15; 1978 Comp., § 46-10-15 recompiled and amended as § 45-2-1115 NMSA 1978 by Laws 2011, ch. 124, § 93.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 93 recompiled and amended former 46-10-15 NMSA 1978 as 45-2-1115 NMSA 1978, effective January 1, 2012.
The 2011 amendment,
effective January 1, 2012, made the failure to file, record or register a disclaimer subject to Paragraph (2) of Subsection G of Section 45-1-1112 NMSA 1978.
COMMENT
This section permits the recordation of a disclaimer of an interest in property ownership of or title to which is the subject of a recording system. This section expands on the corresponding provision of previous Uniform Acts which only referred to permissive recording of a disclaimer of an interest in real property. While local practice may vary, disclaimants should realize that in order to establish the chain of title to real property, and to ward off creditors and bona fide purchasers, the disclaimer may have to be recorded. This section does not change the law of the state governing notice. The reference to Section 2-1112(g)(2) concerns the disclaimer of an interest in real property created by a "beneficiary designation" as that term is defined in §2-1112(a). Such a disclaimer must be recorded. (Amended in 2010.)