N.M. Stat. § 46-11-302

Current through 2024, ch. 69
Section 46-11-302 - Intent to exercise; determining intent from residuary clause
A. As used in this section:
(1) "residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause; and
(2) "will" includes a codicil and a testamentary instrument that revises another will.
B. A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:
(1) the terms of the instrument containing the residuary clause do not manifest a contrary intent;
(2) the power is a general power exercisable in favor of the powerholder's estate;
(3) there is no gift-in-default clause or the gift-in-default clause is ineffective; and
(4) the powerholder did not release the power.

NMS § 46-11-302

Laws 2016, ch. 69, § 302.
Added by 2016, c. 69,s. 302, eff. 1/1/2017.