Section 45-2A-1 – Short title.
This act [45-2A-1 to 45-2A-17 NMSA 1978] may be cited as the “Uniform Statutory Will Act”. History: Laws 1991, ch. 173, § 1.
Section 45-2A-10 – Effect of disability at distribution.
A. If property becomes distributable by a personal representative or trustee to an individual under the age specified in the will or, if the will does not specify an age, under the age of twenty-three years, or to an individual who the personal representative or trustee determines cannot effectively manage or apply the property by […]
Section 45-2A-11 – Powers of appointment.
A. A will incorporating by reference the terms of the Uniform Statutory Will Act does not exercise a power of appointment unless: (1) the will complies with any conditions imposed on the exercise of the power; (2) the appointment is within the scope of the power; and (3) the will expressly refers to the power […]
Section 45-2A-12 – Survival.
An individual who does not survive the testator by thirty days or more is treated as if the individual predeceased the testator. History: Laws 1991, ch. 173, § 12.
Section 45-2A-13 – Appointment of personal representative and trustee.
A. The person named in the will as personal representative or trustee is entitled to serve, if qualified, as personal representative or trustee. B. If a qualified person is not named in the will as personal representative, or the named person is incapacitated, unwilling to serve or dead, and a qualified alternate is not named […]
Section 45-2A-14 – Powers.
A. Subject to Subsection C of this section and except as expressly provided by will, a trustee, in addition to any other powers conferred by law, without prior approval of any court may: (1) retain property in the form in which it is received, including assets in which the trustee is personally interested; (2) make […]
Section 45-2A-15 – Bond or surety.
A personal representative or trustee under the Uniform Statutory Will Act shall serve without giving bond or surety unless the testator by will, or the court upon the application of any person interested in the estate, provides otherwise. History: Laws 1991, ch. 173, § 15.
Section 45-2A-16 – Uniformity of application and construction.
The Uniform Statutory Will Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of that act among states enacting it. History: Laws 1991, ch. 173, § 16.
Section 45-2A-17 – Form of statutory will.
I, ________, of the City of ________, County of ________, and State of ________, declare this to be my Last Will and hereby revoke all of my prior wills and codicils. 1. I direct that my testamentary estate be disposed of in accordance with the Uniform Statutory Will Act, as in effect on the date […]
Section 45-2A-2 – Definitions.
As used in the Uniform Statutory Will Act: A. “child” means, except as modified by this subsection, a child of a natural parent whose relationship is involved; an adopted individual is the child of the adopting parents and not of the natural parents, but an individual adopted by the spouse of a natural parent is […]
Section 45-2A-3 – Making statutory will.
An individual having capacity to make a will under the laws of this state may make a statutory will under the Uniform Statutory Will Act. The will must be executed in a manner recognized as valid under the laws of this state. History: Laws 1991, ch. 173, § 3. ANNOTATIONS Cross references. — For execution […]
Section 45-2A-4 – Incorporation by reference.
A. A will may incorporate by reference the provisions of the Uniform Statutory Will Act in whole or in part and with any modifications and additions the will provides. To the extent an express provision of a will conflicts with that act, the will governs. B. A provision that all or part of the testator’s […]
Section 45-2A-5 – Shares under statutory will.
The statutory-will estate passes as provided in Sections 6 through 10 [45-2A-6 to 45-2A-10 NMSA 1978] of the Uniform Statutory Will Act. History: Laws 1991, ch. 173, § 5.
Section 45-2A-6 – Share of spouse.
A. The share of the surviving spouse is: (1) if there is no surviving issue, the entire statutory-will estate; or (2) if there is a surviving issue: (a) subject to any lien or encumbrance, the testator’s residence and tangible personal property, except personal property held primarily for investment or for a commercial, agricultural or other […]
Section 45-2A-7 – Trust for spouse and issue.
A. Property held in trust under Subparagraph (c) of Paragraph (2) of Subsection A of Section 6 [45-2A-6 NMSA 1978] is held upon the terms of Subsections B through D of this section. B. During the life of the surviving spouse, the entire net income must be paid to or for the benefit of the […]
Section 45-2A-8 – Shares of heirs when no surviving spouse.
A. If there is no surviving spouse, the statutory-will estate passes, subject to Sections 9 and 10 [45-2A-9, 45-2A-10 NMSA 1978], as follows: (1) if there is surviving issue, in equal shares to the children of the testator if all of them survive, otherwise to the surviving issue of the testator by representation; or (2) […]
Section 45-2A-9 – Trust if child under specified age.
A. If property is distributable under Section 8 [45-2A-8 NMSA 1978] or Subsection D of Section 7 [45-2A-7 NMSA 1978] of the Uniform Statutory Will Act to a child of the testator who is under the age specified in the will or, if the will does not specify an age, under the age of twenty-three […]