2011 New Mexico Statutes
Chapter 45: Uniform Probate Code
Article 2A: Uniform Statutory Will Act, 45-2A-1 through 45-2A-17
Section 45-2A-11: Powers of appointment.


NM Stat § 45-2A-11 (1996 through 1st Sess 50th Legis) What's This?

45-2A-11. Powers of appointment.

A. A will incorporating by reference the terms of the Uniform Statutory Will Act [45-2A-1 NMSA 1978] 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 or expresses an intent to exercise any power of appointment held by the testator.

B. If a power of appointment is exercised as provided in Subsection A of this section, the appointed property passes as part of the statutory-will estate unless the will provides otherwise.

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