2019 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills
Part 5 - WILLS
Section 45-2-509 - Revival of revoked will.

A. If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act pursuant to Paragraph (2) of Subsection A of Section 45-2-507 NMSA 1978, the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent written declarations that the testator intended the previous will to take effect as executed.

B. If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act pursuant to Paragraph (2) of Subsection A of Section 45-2-507 NMSA 1978, a revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent written declarations that the testator did not intend the revoked part to take effect as executed.

C. If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by another, later, will, the previous will remains revoked in whole or in part unless it or its revoked part is revived. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect.

History: 1953 Comp., § 32A-2-509, enacted by Laws 1975, ch. 257, § 2-509; repealed and reenacted by Laws 1993, ch. 174, § 32.

Repeals and reenactments. — Laws 1993, ch. 174, § 32 repealed former 45-2-509 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-509, and enacted a new section, effective July 1, 1993.

Compiler's notes. — This section is similar to former 30-1-9, 1953 Comp.

Cross references. — For revocation by writing or act, see 45-2-507 NMSA 1978.

Revival of revoked will by affirmation. — Where a provision in a 1975 will revoked a 1972 will, but an affirmation executed in 1976 acknowledged the validity of the 1972 will, the 1975 will was revoked and the 1972 will was revived under this section. In re Will of Greig, 1979-NMSC-014, 92 N.M. 561, 591 P.2d 1158 (decided under former law).

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

For article, "Survey of New Mexico Law, 1979-80: Estates and Trusts," see 11 N.M.L. Rev. 151 (1981).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Wills §§ 684 to 701.

Revocation of later will as reviving earlier will, 28 A.L.R. 911, 162 A.L.R. 1072.

95 C.J.S. Wills §§ 299 to 301.