There is a newer version of the New Mexico Statutes
2013 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2A - Uniform Statutory Will Act
Section 45-2A-11 - Powers of appointment. (1991)
NM Stat § 45-2A-11 (2013) What's This?
45-2A-11. Powers of appointment. (1991)
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 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.
History: Laws 1991, ch. 173, § 11.
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