2016 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills
Part 7 - RULES OF CONSTRUCTION FOR GOVERNING INSTRUMENTS
Section 45-2-704 - Power of appointment; compliance with specific reference requirement. (Repealed effective January 1, 2017.)
45-2-704. Power of appointment; compliance with specific reference requirement. (Repealed effective January 1, 2017.)
A powerholder's substantial compliance with a formal requirement of appointment imposed in a governing instrument by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if:
A. the powerholder knows of and intends to exercise the power; and
B. the powerholder's manner of attempted exercise does not impair a material purpose of the donor in imposing the requirement.
History: 1978 Comp., 45-2-704, enacted by Laws 1993, ch. 174, 52; 2016, ch. 69, 712.
Disclaimer: These codes may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
