2016 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills
Part 7 - RULES OF CONSTRUCTION FOR GOVERNING INSTRUMENTS
Section 45-2-708 - Class gifts to descendants, issue or heirs of the body; form of distribution if none specified.

NM Stat § 45-2-708 (2016) What's This?

45-2-708. Class gifts to descendants, issue or heirs of the body; form of distribution if none specified.

If a class gift in favor of "descendants", "issue" or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment in such shares as they would receive pursuant to the applicable law of intestate succession if the designated ancestor had then died intestate owning the subject matter of the class gift.

History: 1978 Comp., 45-2-708, enacted by Laws 1993, ch. 174, 56.

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