2019 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills
Part 5 - WILLS
Section 45-2-504 - Self-proved will.

Universal Citation: NM Stat § 45-2-504 (2019)

A. A will may be simultaneously executed, attested and made self-proved by acknowledgment thereof by the testator and affidavits or affirmations under penalty of perjury of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer's certificate, under official seal, in substantially the following form:

"I, ________, the testator, swear or affirm under penalty of perjury on this _______ day of ________, that I request ________ and ________ to act as witnesses to my will; that I declare to them and the undersigned authority that this document is my will; that I sign this will in the presence of both witnesses; that they sign the will as witnesses in my presence and in the presence of each other; that the will was read by me (or read and explained to me) after being prepared and before I sign it; that it clearly and accurately expresses my wishes; that I sign it willingly (or willingly directed another to sign for me); that I make and sign the will as my free and voluntary act for the purposes expressed in the will; that I am eighteen years of age or older; that I am mentally capable of disposing of my estate by will; and that I am not acting under duress, menace, fraud or undue influence of any person.

______________________________

Testator

We, __________ and __________, the witnesses, do hereby swear or affirm under penalty of perjury on this ___________ day of ___________________ to the undersigned authority that the testator, __________________, declares that the attached document is his or her will; that the testator signs it willingly (or willingly directs another to sign for him or her); that the testator signs it in the presence of both of us and requests both of us to sign as witnesses; that each of us, in the presence of the testator and in the presence of each other, signs this will as witness to the testator's signing; that so far as we can determine, the testator is eighteen years of age or older; that the testator is not acting under duress, menace, fraud or undue influence of any person; and that the testator, in our opinion, is mentally capable of disposing of his or her estate by will.

______________________________

Witness

______________________________

Witness

State of ______________

County of ________________

Subscribed and sworn to, or affirmed under penalty of perjury, and acknowledged before me by ____________, the testator, and subscribed and sworn to, or affirmed under penalty of perjury, before me by __________ and __________, witnesses, this __________ day of __________.

(Seal)

(Signed) ______________________________

______________________________________

(Official capacity of officer)".

B. An attested will may be made self-proved at any time after its execution by the acknowledgment thereof by the testator and the affidavits or affirmation under penalty of perjury of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which the acknowledgment occurs and evidenced by the officer's certificate, under official seal, attached or annexed to the will in substantially the following form:

"I, __________________, the testator, swear or affirm under penalty of perjury on this _____________ day of ____________ that I requested ______________ and ____________ to act as witnesses to my will; that I declared to them and the undersigned authority that this document is my will; that I signed this will in the presence of both witnesses; that they signed the will as witnesses in my presence and in the presence of each other; that the will was read by me (or read and explained to me) after being prepared and before I signed it; that it clearly and accurately expresses my wishes; that I signed it willingly (or willingly directed another to sign for me); that I made and signed the will as my free and voluntary act for the purposes expressed in the will; that I am eighteen years of age or older; that I am mentally capable of disposing of my estate by will; and that I am not acting under duress, menace, fraud or undue influence of any person.

______________________________

Testator

We, ________________________ and ______________________, witnesses, do hereby swear or affirm under penalty of perjury on this ___________________ day of __________________ that the testator, ________________, declared the attached document to be his or her will; that the testator signed it willingly (or willingly directed another to sign for the testator); that the testator signed it in the presence of both of us and requested both of us to sign as witnesses; that each of us, in the presence of the testator and in the presence of each other, signed this will as witness to the testator's signing; that so far as we could determine, the testator is eighteen years of age or older; that the testator was not acting under duress, menace, fraud or undue influence of any person; and that the testator, in our opinion, was mentally capable of disposing of the testator's estate by will.

______________________________

Witness

______________________________

Witness

State of __________________________

County of ________________________

Subscribed and sworn to, or affirmed under penalty of perjury, and acknowledged before me by ___________, the testator, and subscribed and sworn to, or affirmed under penalty of perjury, before me by ___________ and ___________, witnesses, this ___________ of ___________.

(Seal)

(Signed) ______________________________

______________________________________

(Official capacity of officer)".

C. A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will if necessary to prove the will's due execution.

History: 1953 Comp., § 32A-2-504, enacted by Laws 1975, ch. 257, § 2-504; repealed and reenacted by Laws 1993, ch. 174, § 27; 1995, ch. 210, § 12; 2017, ch. 41, § 15.

ANNOTATIONS

Official comments.See Commissioners on Uniform State Law official comment to 2-504 UPC.

Repeals and reenactments. — Laws 1993, ch. 174, § 27 repealed former 45-2-504 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-504, and enacted a new section, effective July 1, 1993.

Compiler's notes. — This section is similar to former 30-2-8.2, 1953 Comp.

Cross references. — For age of majority, see 12-2A-3 and 28-6-1 NMSA 1978.

The 2017 amendment, effective January 1, 2018, revised the language in the forms for self-proved wills; in Subsection A, in the first paragraph, after "affidavits", added "or affirmations under penalty of perjury", and completely rewrote the language of the form; and in Subsection B, in the first paragraph, after "affidavits", added "or affirmation under penalty of perjury", rewrote the language of the form, and in the last paragraph of the subsection, after each occurrence of "sworn to", added "or affirmed under penalty of perjury".

The 1995 amendment, effective July 1, 1995, substituted "best of our knowledge" for "best of his knowledge" near the end of the form in Subsection A and made minor stylistic changes.

Law reviews. — For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Wills §§ 23 to 36, 70 to 101, 254, 271.

Testator's name in body of instrument as sufficient signature where statute does not require will to be signed at end, 29 A.L.R. 891.

Fingerprints as signature, 72 A.L.R.2d 1267.

Validity of wills signed by mark, stamp or symbol or partial or abbreviated signature, 98 A.L.R.2d 841.

Sufficiency of testator's acknowledgment of signature from his conduct and the surrounding circumstances, 7 A.L.R.3d 317.

Place of signature of attesting witness, 17 A.L.R.3d 705, 1 A.L.R.5th 965.

Testator's illiteracy or lack of knowledge of language in which will is written as affecting its validity, 37 A.L.R.3d 889.

When is will signed at "end" or "foot" as required by statute, 44 A.L.R.3d 701.

94 C.J.S. Wills §§ 152, 177, 179, 182, 183.

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