2021 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills
Part 10 - INTERNATIONAL WILLS
Section 45-2-1003 - International will; requirements.
A. The will must be made in writing. It need not be written by the testator himself. It may be written in any language, by hand or by any other means.
B. The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is his will and that he knows the contents thereof. The testator need not inform the witnesses, or the authorized person, of the contents of the will.
C. In the presence of the witnesses, and of the authorized person, the testator shall sign the will or, if he has previously signed it, shall acknowledge his signature.
D. If the testator is unable to sign, the absence of his signature does not affect the validity of the international will if the testator indicates the reason for his inability to sign and the authorized person makes note thereof on the will. In that case, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator, to sign the testator's name for him if the authorized person makes note of this on the will, but it is not required that any person sign the testator's name for him.
E. The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.
History: 1978 Comp., § 45-2-1103, enacted by Laws 1992, ch. 66, § 9; recompiled as 1978 Comp., § 45-2-1003 by Laws 1993, ch. 174, § 67.ANNOTATIONS
Official comments. — See Commissioners on Uniform State Law official comment to 2-1003 UPC.
Recompilations. — Laws 1993, ch. 174, § 66 recompiled former 45-2-1003 NMSA 1978, as enacted by Laws 1992, ch. 66, § 3, relating to the statutory rule against perpetuities, as 45-2-903 NMSA 1978, effective July 1, 1993.