2016 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. (Repealed effective January 1, 2017.)
45-2-608. Exercise of power of appointment. (Repealed effective January 1, 2017.)
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History: 1953 Comp., 32A-2-608, enacted by Laws 1976 (S.S.), ch. 37, 5; repealed and reenacted by Laws 1993, ch. 174, 47; 2016, ch. 69, 711.
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