reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 1 - INTESTATE SUCCESSION › Subpart 2 - Parent-Child Relationship › Section 45-2-115 - Definitions.

As used in Subpart 2 of Part 1 of Article 2 of the Uniform Probate Code:
A. "adoptee" means an individual who is adopted;
B. "assisted reproduction" means a method of causing pregnancy other than sexual intercourse;
C. "divorce" includes an annulment, dissolution and declaration of invalidity of a marriage;
D. "functioned as a parent of the child" means behaving toward a child in a manner consistent with being the child's parent and performing functions that are customarily performed by a parent, including fulfilling parental responsibilities toward the child, recognizing or holding out the child as the individual's child, materially participating in the child's upbringing and residing with the child in the same household as a regular member of that household;
E. "genetic father" means the man whose sperm fertilized the egg of a child's genetic mother. If the father-child relationship is established under the presumption of paternity pursuant to Paragraph (1), (2) or (3) of Subsection B of Section 40-11A-201 NMSA 1978, the term means only the man for whom that relationship is established;
F. "genetic mother" means the woman whose egg was fertilized by the sperm of a child's genetic father;
G. "genetic parent" means a child's genetic father or genetic mother;
H. "incapacity" means the inability of an individual to function as a parent of a child because of the individual's physical or mental condition; and
I. "relative" means a grandparent or a descendant of a grandparent.
History:
1978 Comp., § 45-2-115, enacted by Laws 2011, ch. 124, § 13.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 104 made Laws 2011, ch. 124, § 13 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 1 - INTESTATE SUCCESSION › Subpart 2 - Parent-Child Relationship › Section 45-2-116 - Effect of parent-child relationship.

Except as otherwise provided in Subsections B through E of Section 45-2-119 NMSA 1978, if a parent-child relationship exists or is established pursuant to Subpart 2 of Part 1 of Article 2 of the Uniform Probate Code, the parent is a parent of the child and the child is a child of the parent for the purpose of intestate succession.
History:
1978 Comp., § 45-2-116, enacted by Laws 2011, ch. 124, § 14.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 104 made Laws 2011, ch. 124, § 14 effective January 1, 2012.
Cross references.
— For provisions relating to the determination of paternity when death occurs during proceedings for dissolution of marriage, separation, annulment of marriage or paternity,
see
40-4-20 NMSA 1978.
For the New Mexico Uniform Parentage Act,
see
40-11A-101 through 40-11A-903 NMSA 1978.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 1 - INTESTATE SUCCESSION › Subpart 2 - Parent-Child Relationship › Section 45-2-117 - No distinction based on marital status.

Except as otherwise provided in Section 45-2-114, 45-2-119, 45-2-120 or 45-2-121 NMSA 1978, a parent-child relationship exists between a child and the child's genetic parents, regardless of the parents' marital status.
History:
1978 Comp., § 45-2-117, enacted by Laws 2011, ch. 124, § 15.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 104 made Laws 2011, ch. 124, § 15 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 1 - INTESTATE SUCCESSION › Subpart 2 - Parent-Child Relationship › Section 45-2-118 - Adoptee and adoptee's adoptive parent or parents.

A. A parent-child relationship exists between an adoptee and the adoptee's adoptive parent or parents.
B. For purposes of Subsection A of this section:
(1) an individual who is in the process of being adopted by a married couple when one of the spouses dies is treated as adopted by the deceased spouse if the adoption is subsequently granted to the decedent's surviving spouse; and
(2) a child of a genetic parent who is in the process of being adopted by a genetic parent's spouse when the spouse dies is treated as adopted by the deceased spouse if the genetic parent survives the deceased spouse by one hundred twenty hours.
C. If, after a parent-child relationship is established between a child of assisted reproduction and a parent pursuant to Section 45-2-120 NMSA 1978 or between a gestational child and a parent pursuant to Section 45-2-121 NMSA 1978, the child is in the process of being adopted by the parent's spouse when that spouse dies, the child is treated as adopted by the deceased spouse for the purpose of Paragraph (2) of Subsection B of this section.
History:
1978 Comp., § 45-2-118, enacted by Laws 2011, ch. 124, § 16.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 104 made Laws 2011, ch. 124, § 16 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 1 - INTESTATE SUCCESSION › Subpart 2 - Parent-Child Relationship › Section 45-2-119 - Adoptee and adoptee's genetic parents.

A. Except as otherwise provided in Subsections B through E of this section, a parent-child relationship does not exist between an adoptee and the adoptee's genetic parents.
B. A parent-child relationship exists between an individual who is adopted by the spouse of either genetic parent and:
(1) the genetic parent whose spouse adopted the individual; and
(2) the other genetic parent, but only for the purpose of the right of the adoptee or a descendant of the adoptee to inherit from or through the other genetic parent.
C. A parent-child relationship exists between both genetic parents and an individual who is adopted by a relative of a genetic parent or by the spouse or surviving spouse of a relative of a genetic parent, but only for the purpose of the right of the adoptee or a descendant of the adoptee to inherit from or through either genetic parent.
D. A parent-child relationship exists between both genetic parents and an individual who is adopted after the death of both genetic parents, but only for the purpose of the right of the adoptee or a descendant of the adoptee to inherit through either genetic parent.
E. If, after a parent-child relationship is established between a child of assisted reproduction and a parent or parents pursuant to Section 45-2-120 NMSA 1978 or between a gestational child and a parent or parents pursuant to Section 45-2-121 NMSA 1978, the child is adopted by another or others, the child's parent or parents pursuant to Section 45-2-120 or 45-2-121 NMSA 1978 are treated as the child's genetic parent or parents for the purpose of this section.
History:
1978 Comp., § 45-2-119, enacted by Laws 2011, ch. 124, § 17.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 104 made Laws 2011, ch. 124, § 17 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 1 - INTESTATE SUCCESSION › Subpart 2 - Parent-Child Relationship › Section 45-2-122 - Equitable adoption.

Subpart 2 of Part 1 of Article 2 of the Uniform Probate Code does not affect the doctrine of equitable adoption.
History:
1978 Comp., § 45-2-122, enacted by Laws 2011, ch. 124, § 20.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 104 made Laws 2011, ch. 124, § 20 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 4 - EXEMPT PROPERTY AND ALLOWANCES › Section 45-2-401 - Applicable law.

Chapter 45, Article 2, Part 4 NMSA 1978 applies to the estate of a decedent who dies domiciled in this state. Rights to family allowance and personal property allowance for a decedent who dies not domiciled in this state are governed by the laws of the decedent's domicile at death.
History:
1953 Comp., § 32A-2-401, enacted by Laws 1975, ch. 257, § 2-401; repealed and reenacted by Laws 1993, ch. 174, § 19.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Laws official comment to 2-401 UPC.
Repeals and reenactments.
— Laws 1993, ch. 174, § 19 repealed former 45-2-401 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-401, relating to family allowances and enacted a new section, effective July 1, 1993.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 4 - EXEMPT PROPERTY AND ALLOWANCES › Section 45-2-405 - Source, determination and documentation.

If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to family allowance or personal property allowance. Subject to this restriction, the surviving spouse, guardians of minor children or children who are adults may select property of the estate as family allowance and personal property allowance. The personal representative may make those selections if the surviving spouse, the children or the guardians of the minor children are unable or fail to do so within a reasonable time or there is no guardian of a minor child. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as family allowance or personal property allowance. The personal representative or an interested person aggrieved by any selection, determination, payment, proposed payment or failure to act under this section may petition the court for appropriate relief, which may include a family allowance or personal property allowance other than that which the personal representative determined or could have determined.
History:
1953 Comp., § 32A-2-405, enacted by Laws 1975, ch. 257, § 2-405; repealed and reenacted by Laws 1993, ch. 174, § 23.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 174, § 23 repealed former 45-2-405 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-405, relating to the modification of exemptions, and enacted a new section, effective July 1, 1993.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 4 - EXEMPT PROPERTY AND ALLOWANCES › Section 45-2-406 - Modification of exemptions.

With respect to the estate of a decedent, the allowances granted pursuant to Sections 45-2-402 and 45-2-403 NMSA 1978 are in lieu of the exemptions provided in Sections 42-10-1, 42-10-2, 42-10-9 and 42-10-10 NMSA 1978.
History:
1978 Comp., § 45-2-406, enacted by Laws 1993, ch. 174, § 24; 1995, ch. 210, § 9.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, substituted "Sections 42-10-1, 42-10-2, 42-10-9 and 42-10-10 NMSA 1978" for "Sections 42-10-1 through 42-10-12 NMSA 1978".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 96 C.J.S. Wills § 760; 97 C.J.S. Wills § 1262.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 4 - EXEMPT PROPERTY AND ALLOWANCES › Section 45-2-407 - Waiver of rights.

A. The rights of the surviving spouse to family allowance and personal property allowance, or either of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement or waiver signed by the surviving spouse.
B. A surviving spouse's waiver is not enforceable if the surviving spouse proves that:
(1) the surviving spouse did not execute the waiver voluntarily; or
(2) the waiver was unconscionable when it was executed and, before execution of the waiver, the surviving spouse:
(a) was not provided a fair and reasonable disclosure of the property or financial obligations of the decedent;
(b) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the decedent beyond the disclosure provided; and
(c) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the decedent.
C. An issue of unconscionability or voluntariness of a waiver is for decision by the court as a matter of law.
D. Unless it provides to the contrary, a waiver of "all rights", or equivalent language, in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights of family allowance and personal property allowance by each spouse in the property of the other and a renunciation by each of all benefits that would otherwise pass to each from the other by intestate succession or by virtue of any will executed before the waiver or property settlement.
History:
1978 Comp., § 45-2-407, enacted by Laws 1995, ch. 210, § 10.
ANNOTATIONS
Effective dates.
— Laws 1995, ch. 210, § 94 made the act effective July 1, 1995.
Policy against waiver.
— The policy behind the statutory allowances of family allowance and personal property allowance argues against finding a waiver in the absence of clear explicit language.
Salopek v. Hoffman
, 2005-NMCA-016, 137 N.M. 47, 107 P.3d 1, cert. denied, 2005-NMCERT-002, 137 N.M. 265, 110 P.3d 73.
No retroactive application.
— This section, which became effective July 1, 1995, cannot be applied retroactively to a postnuptial agreement entered into by the parties in 1980.
Salopek v. Hoffman
, 2005-NMCA-016, 137 N.M. 47, 107 P.3d 1, cert. denied, 2005-NMCERT-002, 137 N.M. 265, 110 P.3d 73.
Where terms of postnuptial agreement are too general and too ambiguous,
the agreement will not support a finding of waiver of the family and personal property allowances.
Salopek v. Hoffman
, 2005-NMCA-016, 137 N.M. 47, 107 P.3d 1, cert. denied, 2005-NMCERT-002, 137 N.M. 265, 110 P.3d 73.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 5 - WILLS › Section 45-2-505 - Who may witness.

A. An individual generally competent to be a witness may act as a witness to a will.
B. The signing of a will by an interested witness does not invalidate the will or any provision of it.
History:
1953 Comp., § 32A-2-505, enacted by Laws 1975, ch. 257, § 2-505; repealed and reenacted by Laws 1993, ch. 174, § 28.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 2-505 UPC.
Repeals and reenactments.
— Laws 1993, ch. 174, § 28 repealed former 45-2-505 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-505, and enacted a new section, effective July 1, 1993.
Compiler's notes.
— This section is different from former 30-1-5, 1953 Comp., relating to disqualifications of witnesses.
Interested party as witness.
— Under the Probate Code (45-2-505 NMSA 1978), a will is not invalid because it was signed by an interested witness.
In re Estate of Gonzales
, 1988-NMCA-098, 108 N.M. 583, 775 P.2d 1300.
Notary public as witness.
— Where a notary public drafted a will for a decedent, saw the decedent sign the document, signed the document in the presence of the decedent and the other witness, and identified himself in the document as a notary public, he signed the will as a witness.
In re Estate of Martinez
, 1983-NMCA-050, 99 N.M. 809, 664 P.2d 1007 (decided under former law).
Law reviews.
— For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M. L. Rev. 25 (1975).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
79 Am. Jur. 2d Wills §§ 283 to 312.
Competency, as witness attesting will, of attorney named therein as executor's attorney, 30 A.L.R.3d 1361.
94 C.J.S. Wills §§ 182, 183; 95 C.J.S. Wills § 274.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 5 - WILLS › Section 45-2-506 - Choice of law as to execution.

A written will is valid if executed in compliance with Section 45-2-502 NMSA 1978 or if its execution complies with the law at the time of execution of the place where the will is executed or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national.
History:
1953 Comp., § 32A-2-506, enacted by Laws 1975, ch. 257, § 2-506; repealed and reenacted by Laws 1993, ch. 174, § 29; 2016, ch. 69, § 709.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 2-506 UPC.
Repeals and reenactments.
— Laws 1993, ch. 174, § 29 repealed former 45-2-506 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-506, and enacted a new section, effective July 1, 1993.
The 2016 amendment,
effective July 1, 2016, after "testator is domiciled", added "has a place of abode".
Law reviews.
— For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
80 Am. Jur. 2d Wills § 1122.
Retrospective application of statute concerning execution of wills, 111 A.L.R. 910.
Construction of reference in will to statute where pertinent provisions of statute are subsequently changed by amendment or repeal, 63 A.L.R.3d 603.
94 C.J.S. Wills § 15.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 5 - WILLS › Section 45-2-508 - Revocation by change of circumstances.

Except as provided in Sections 45-2-803 and 45-2-804 NMSA 1978, a change of circumstances does not revoke a will or any part of it.
History:
1953 Comp., § 32A-2-508, enacted by Laws 1975, ch. 257, § 2-508; repealed and reenacted by Laws 1993, ch. 174, § 31.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 174, § 31 repealed former 45-2-508 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-508, and enacted a new section, effective July 1, 1993.
Compiler's notes.
— This section includes within its scope some of the functions of former 30-1-7.1, 1953 Comp.
Law reviews.
— For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975).
For article, "Survey of New Mexico Law, 1979-80: Estates and Trusts," see 11 N.M.L. Rev. 151 (1981).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
79 Am. Jur. 2d Wills §§ 586 to 588, 685, 766.
Illegitimacy of child as affecting revocation of will by subsequent birth of child, 18 A.L.R. 91, 38 A.L.R. 1344.
Divorce or separation as affecting person entitled to devise or bequest to "husband," "wife" or "widow," 75 A.L.R.2d 1413.
Statutory revocation of will by subsequent birth or adoption of child, 97 A.L.R.2d 1044.
Divorce as affecting will previously executed by husband or wife, 71 A.L.R.3d 1297.
Devolution of gift over upon spouse predeceasing testator where gift to spouse fails because of divorce, 74 A.L.R.3d 1108.
Validity of statutes or rule providing that marriage or remarriage of woman operates as revocation of will previously executed by her, 99 A.L.R.3d 1020.
95 C.J.S. Wills § 293.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 5 - WILLS › Section 45-2-509 - Revival of revoked will.

A. If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act pursuant to Paragraph (2) of Subsection A of Section 45-2-507 NMSA 1978, the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent written declarations that the testator intended the previous will to take effect as executed.
B. If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act pursuant to Paragraph (2) of Subsection A of Section 45-2-507 NMSA 1978, a revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent written declarations that the testator did not intend the revoked part to take effect as executed.
C. If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by another, later, will, the previous will remains revoked in whole or in part unless it or its revoked part is revived. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect.
History:
1953 Comp., § 32A-2-509, enacted by Laws 1975, ch. 257, § 2-509; repealed and reenacted by Laws 1993, ch. 174, § 32.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 174, § 32 repealed former 45-2-509 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-509, and enacted a new section, effective July 1, 1993.
Compiler's notes.
— This section is similar to former 30-1-9, 1953 Comp.
Cross references.
— For revocation by writing or act,
see
45-2-507 NMSA 1978.
Revival of revoked will by affirmation.
— Where a provision in a 1975 will revoked a 1972 will, but an affirmation executed in 1976 acknowledged the validity of the 1972 will, the 1975 will was revoked and the 1972 will was revived under this section.
In re Will of Greig
, 1979-NMSC-014, 92 N.M. 561, 591 P.2d 1158 (decided under former law).
Law reviews.
— For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975).
For article, "Survey of New Mexico Law, 1979-80: Estates and Trusts," see 11 N.M.L. Rev. 151 (1981).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
79 Am. Jur. 2d Wills §§ 684 to 701.
Revocation of later will as reviving earlier will, 28 A.L.R. 911, 162 A.L.R. 1072.
95 C.J.S. Wills §§ 299 to 301.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 5 - WILLS › Section 45-2-510 - Incorporation by reference.

A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
History:
1953 Comp., § 32A-2-510, enacted by Laws 1975, ch. 257, § 2-510; 1993, ch. 174, § 33.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, substituted "A writing" for "Any writing" at the beginning of this section.
Oral testimony cannot remedy will's defects.
— Since it is undisputed that the decedent failed in his will to leave written, signed instructions identifying his intended beneficiaries, extrinsic, oral testimony was not admissible to rectify defects in the will itself or to overcome the decedent's failure to leave other proper written instructions concerning his beneficiaries.
In re Estate of Boyer
, 1994-NMCA-005, 117 N.M. 74, 868 P.2d 1299.
Law reviews.
— For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
79 Am. Jur. 2d Wills §§ 199 to 209.
Letter as a will or codicil, 54 A.L.R. 917, 40 A.L.R.2d 698.
Notation on note or securities as a will or codicil, 62 A.L.R. 292.
94 C.J.S. Wills §§ 161, 163.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 5 - WILLS › Section 45-2-511 - Testamentary additions to trust.

A. A will may validly devise property to the trustee of a trust established or to be established:
(1) during the testator's lifetime by the testator, by the testator and some other person or by some other person, including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts; or
(2) at the testator's death by the testator's devise to the trustee if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator regardless of the existence, size or character of the corpus of the trust.
The devise is not invalid because the trust is amendable or revocable or because the trust was amended after the execution of the will or the testator's death.
B. Unless the testator's will provides otherwise, property devised to a trust described in Subsection A of this section is not held under a testamentary trust of the testator, but it becomes a part of the trust to which it is devised and must be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death.
C. Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse.
History:
1953 Comp., § 32A-2-511, enacted by Laws 1975, ch. 257, § 2-511; repealed and reenacted by Laws 1993, ch. 174, § 34.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 2-511 UPC.
Repeals and reenactments.
— Laws 1993, ch. 174, § 34 repealed former 45-2-511 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-511, and enacted a new section, effective July 1, 1993.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 5 - WILLS › Section 45-2-512 - Events of independent significance.

A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation of another individual's will is such an event.
History:
1953 Comp., § 32A-2-512, enacted by Laws 1975, ch. 257, § 2-512; 1993, ch. 174, § 35.
ANNOTATIONS
Cross references.
— For execution of will,
see
45-2-502 NMSA 1978.
For revocation by writing or act,
see
45-2-507 NMSA 1978.
For revocation by change of circumstances,
see
45-2-508 NMSA 1978.
The 1993 amendment,
effective July 1, 1993, made minor stylistic changes throughout the section.
Law reviews.
— For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
79 Am. Jur. 2d Wills §§ 744 to 752.
Excuse for delay in complying with condition of bequest or devise, beyond time allowed by will, 26 A.L.R. 929.
Effect of prevention, by colegatee or codevisee or a third person, of a legatee or devisee from performing the condition upon which the gift rests, 76 A.L.R. 1342.
Right of legatee or devisee and duty of executor in respect of legacy or devise, payment of which is by the terms of will conditional upon performance of some act or course of conduct by legatee or upon some future event, 110 A.L.R. 1354.
Validity of provision of will that makes devise or legacy dependent upon some future act by testator, 152 A.L.R. 1238.
Absence of limitation over in event of nonperformance of condition as to conduct or obligation of devisee, legatee or grantee, as affecting operation of condition, 163 A.L.R. 1152.
Testamentary gift to one named as executor or trustee as conditioned upon his qualifying or serving as such, 61 A.L.R.2d 1380.
Construction of will provision for gift over if first taker dies without issue and if some other contingency occurs, where there is death without issue but the other contingency does not occur, 73 A.L.R.2d 466.
Determination of absolute or conditional nature of will, 1 A.L.R.3d 1048.
Validity of condition of gift depending on divorce or separation, 14 A.L.R.3d 1219.
Validity of testamentary provision making gift to person or persons meeting specified qualification and authorizing another to determine who qualifies, 74 A.L.R.3d 1073.
Wills: condition that devisee or legatee shall renounce, embrace, or adhere to specified religious faith, 89 A.L.R.3d 984.
96 C.J.S. Wills §§ 974 to 1003.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 5 - WILLS › Section 45-2-515 - Deposit of will with court in testator's lifetime.

A will may be deposited by the testator or his agent with the clerk of any district court in New Mexico for safekeeping pursuant to rules of that court. The will shall be kept confidential. During the testator's lifetime, a deposited will shall be delivered only to him or to a person authorized in writing signed by him to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under district court procedures designed to maintain the confidential character of the document to the extent possible and to assure that it will be resealed and left on deposit after the examination. Upon being informed of the testator's death, the district court clerk shall notify any person designated to receive the will and deliver it to him on request, or the court clerk may deliver the will to the appropriate court.
History:
1978 Comp., § 45-2-515, enacted by Laws 1993, ch. 174, § 38.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 2-515 UPC.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 5 - WILLS › Section 45-2-516 - Duty of custodian of will; liability.

A. Any person having custody of a will shall, as soon as he is informed of the death of the testator, deliver the will to a person able to secure its probate or, if none is known, to an appropriate court.
B. If any person having the custody of a will fails to produce the will as provided for in Subsection A of this section, after receiving a reasonable notice to do so, he is liable to any person aggrieved for the damages that may be sustained by the failure.
C. Any person who refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.
History:
1978 Comp., § 45-2-516, enacted by Laws 1993, ch. 174, § 39.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 2-516 UPC.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 5 - WILLS › Section 45-2-517 - Penalty clause for contest.

A provision in a governing instrument purporting to penalize an interested person for contesting the governing instrument or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.
History:
1978 Comp., § 45-2-517, enacted by Laws 1995, ch. 210, § 13; 2016, ch. 69, § 710.
ANNOTATIONS
The 2016 amendment,
effective July 1, 2016, after "contesting", deleted "a" and added "the", and after "proceedings relating to", deleted "a governing instrument or an" and added "the".
Application of section.
— This section contemplates, for its application, the institution of a proceeding relating to a will.
Redman-Tafoya v. Armijo
, 2006-NMCA-011, 138 N.M. 836, 126 P.3d 1200.
Construction of no-contest clauses.
— No-contest clauses in wills are, generally, strictly construed.
Redman-Tafoya v. Armijo
, 2006-NMCA-011, 138 N.M. 836, 126 P.3d 1200.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 6 - RULES OF CONSTRUCTION FOR WILLS › Section 45-2-601 - Scope.

In the absence of a finding of a contrary intention, the rules of construction in Chapter 45, Article 2, Part 6 NMSA 1978 control the construction of a will.
History:
1953 Comp., § 32A-2-601, enacted by Laws 1975, ch. 257, § 2-601; 1976 (S.S.), ch. 37, § 3; repealed and reenacted by Laws 1993, ch. 174, § 40.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 2-601 UPC.
Repeals and reenactments.
— Laws 1993, ch. 174, § 40 repealed former 45-2-601 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-601, relating to the requirement that the devisee survive the testator by one hundred twenty hours, and enacted a new section, effective July 1, 1993.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 6 - RULES OF CONSTRUCTION FOR WILLS › Section 45-2-602 - Will may pass all property and after-acquired property.

A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator's death, subject to the provisions of Section 45-2-101 NMSA 1978.
History:
1978 Comp., § 45-2-602, enacted by Laws 1993, ch. 174, § 41.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 2-602 UPC.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 6 - RULES OF CONSTRUCTION FOR WILLS › Section 45-2-604 - Failure of testamentary provision.

A. Except as provided in Section 45-2-603 NMSA 1978, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.
B. Except as provided in Section 45-2-603 NMSA 1978, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.
History:
1953 Comp., § 32A-2-604, enacted by Laws 1975, ch. 257, § 2-604; repealed and reenacted by Laws 1993, ch. 174, § 43.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 2-604 UPC.
Repeals and reenactments.
— Laws 1993, ch. 174, § 43 repealed former 45-2-604 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-604, relating to the construction of a will, and enacted a new section, effective July 1, 1993.
Cross references.
— For definition of "property",
see
45-1-201 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
80 Am. Jur. 2d Wills §§ 1671, 1688, 1695.
Validity, construction and effect of express provisions in will for severance of good from bad in event of partial invalidity, 80 A.L.R. 1210.
Effect of residuary clause to pass property acquired by testator's estate after his death, 39 A.L.R.3d 1390.
May parts of will be upheld notwithstanding failure of other parts for lack of testamentary mental capacity or undue influence, 64 A.L.R.3d 261.
96 C.J.S. Wills § 1223.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 6 - RULES OF CONSTRUCTION FOR WILLS › Section 45-2-605 - Increase in securities; accessions.

A. If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator after the will was executed as a result of the testator's ownership of the described securities and are securities of any of the following types:
(1) securities of the same organization acquired by reason of action initiated by the organization or any successor, related or acquiring organization, excluding any acquired by exercise of purchase options;
(2) securities of another organization acquired as a result of merger, consolidation, reorganization or other distribution by the organization or any successor, related or acquiring organization; or
(3) securities of the same organization acquired as a result of a plan of reinvestment.
B. Distributions in cash before death with respect to a described security are not part of the devise.
History:
1953 Comp., § 32A-2-605, enacted by Laws 1975, ch. 257, § 2-605; 1976 (S.S.), ch. 37, § 4; repealed and reenacted by Laws 1993, ch. 174, § 44.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 2-605 UPC.
Repeals and reenactments.
— Laws 1993, ch. 174, § 44 repealed former 45-2-605 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-605, relating to anti-lapse and deceased devisee, and enacted a new section, effective July 1, 1993.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 6 - RULES OF CONSTRUCTION FOR WILLS › Section 45-2-607 - Nonexoneration.

A specific devise passes subject to any mortgage interest existing at the date of death without right of exoneration regardless of a general directive in the will to pay debts.
History:
1953 Comp., § 32A-2-607, enacted by Laws 1975, ch. 257, § 2-607; repealed and reenacted by Laws 1993, ch. 174, § 46.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 2-607 UPC.
Repeals and reenactments.
— Laws 1993, ch. 174, § 46 repealed former 45-2-607 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-607, relating to changes in securities, accessions, and nonademption, and enacted a new section, effective July 1, 1993.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
80 Am. Jur. 2d Wills §§ 1762, 1765.
Validity of provisions of instrument creating legal estate attempting to exempt it from claims of creditors, 80 A.L.R. 1007.
Direction in will for payment of debts and expenses as subjecting exempt homestead to their payment, 103 A.L.R. 257.
Direction in will for payment of debts of testator, or for payment of specified debt, as affecting debts or debt barred by limitation, 109 A.L.R. 1441.
Conclusiveness of testator's statement as to amount of debt or advancement to be charged against legacy or devise, 98 A.L.R.2d 273.
Right of heir or devisee to have realty exonerated from lien thereon at expense of personal estate, 4 A.L.R.3d 1023.
33 C.J.S. Executors and Administrators § 201; 34 C.J.S. Executors and Administrators §§ 468, 470.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 6 - RULES OF CONSTRUCTION FOR WILLS › Section 45-2-608 - Exercise of power of appointment.

In the absence of a requirement that a power of appointment be exercised by a reference or by an express or specific reference to the power, a general residuary clause in a will or a will making general disposition of all of the testator's property expresses an intention to exercise a power of appointment held by the testator only if:
A. the power is a general power exercisable in favor of the powerholder's estate and the creating instrument does not contain an effective gift if the power is not exercised; or
B. the testator's will manifests an intention to include the property subject to the power.
History:
1978 Comp., § 45-2-608, as enacted by Laws 2019, ch. 221, § 1.
ANNOTATIONS
Repeals.
— Laws 2016, ch. 69, § 724 repealed 45-2-608 NMSA 1978, as enacted by Laws 1976 (S.S.), ch. 37, § 5, relating to exercise of power of appointment, 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; and
C. 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.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 6 - RULES OF CONSTRUCTION FOR WILLS › Section 45-2-609 - Ademption by satisfaction.

A. Property a testator gave in his lifetime to a person is treated as a satisfaction of a devise in whole or in part only if:
(1) the will provides for deduction of the gift;
(2) the testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise; or
(3) the devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.
B. For purposes of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death, whichever occurs first.
C. If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying Sections 45-2-603 and 45-2-604 NMSA 1978, unless the testator's contemporaneous writing provides otherwise.
History:
1953 Comp., § 32A-2-609, enacted by Laws 1975, ch. 257, § 2-609; repealed and reenacted by Laws 1993, ch. 174, § 48.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 174, § 48 repealed former 45-2-609 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-609, relating to nonexoneration, and enacted a new section, effective July 1, 1993.
Ademption's effect on will.
— A deed, which is executed pursuant to the exercise of improper and undue influence, cannot serve to adeem such property from the effect of such a will nor to revoke a will previously made devising such property.
Brown v. Heller
, 1924-NMSC-045, 30 N.M. 1, 227 P. 594 (decided under former law).
Evidence of ademption.
— Uncontradicted evidence disclosed that the gifts to the spouses and children of decedent's nieces and nephews showed an intent upon the part of the testator to adeem the legacies in testator's will by all payments made to the nieces and nephews, their spouses and children.
In re Estate of Williams
, 1962-NMSC-149, 71 N.M. 39, 376 P.2d 3 (decided under former law).
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 6 - RULES OF CONSTRUCTION FOR WILLS › Section 45-2-610 to 45-2-612 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 174, § 84 repealed 45-2-610 to 45-2-612 NMSA 1978, as enacted by Laws 1975, ch. 257, §§ 2-610 to 2-612, relating to the exercise of the power of appointment, the construction of generic terms to accord with relationships as defined for intestate succession, and ademption by satisfaction, effective July 1, 1993. For provisions of former sections,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 7 - RULES OF CONSTRUCTION FOR GOVERNING INSTRUMENTS › Section 45-2-703 - 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.
ANNOTATIONS
Official 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.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 7 - RULES OF CONSTRUCTION FOR GOVERNING INSTRUMENTS › Section 45-2-704 - 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; and
B. 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.
ANNOTATIONS
Repeals.
— 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; and
C. 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.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 2 - Intestate Succession and Wills › Part 7 - RULES OF CONSTRUCTION FOR GOVERNING INSTRUMENTS › Section 45-2-708 - 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.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 2-708 UPC.