2017 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills
Part 6 - RULES OF CONSTRUCTION FOR WILLS
Section 45-2-609 - Ademption by satisfaction.
45-2-609. Ademption by satisfaction.
A. Property a testator gave in his lifetime to a person is treated as a satisfaction of a devise in whole or in part only if:
(1) the will provides for deduction of the gift;
(2) the testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise; or
(3) the devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.
B. For purposes of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death, whichever occurs first.
C. If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying Sections 45-2-603 and 45-2-604 NMSA 1978, unless the testator's contemporaneous writing provides otherwise.
History: 1953 Comp., 32A-2-609, enacted by Laws 1975, ch. 257, 2-609; repealed and reenacted by Laws 1993, ch. 174, 48.
