2021 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills
Part 10 - INTERNATIONAL WILLS
Section 45-2-1005 - International will; certificate.
The authorized person shall attach to the will a certificate to be signed by him establishing that the requirements of Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001 to 45-2-1010 NMSA 1978] for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate must be substantially in the following form:
1. I, ________________________ (name, address, and capacity), a person authorized to act in connection with international wills,
2. certify that on __________________ (date) at __________________ (place)
3. (testator) ____ (name, address, date and place of birth) in my presence and that of the witnesses
4. (a) __________________ (name, address, date and place of birth)
(b) __________________ (name, address, date and place of birth) has declared that the attached document is his will and that he knows the contents thereof.
5. I furthermore certify that:
6. (a) in my presence and in that of the witnesses
(1) the testator has signed the will or has acknowledged his signature previously affixed;
*(2) following a declaration of the testator stating that he was unable to sign his will for the following reason __________________, I have mentioned this declaration on the will,
*and the signature has been affixed by ______________________________ (name and address);
7. (b) the witnesses and I have signed the will;
8. *(c) each page of the will has been signed by ______________ and numbered;
9. (d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above;
10. (e) the witnesses met the conditions requisite to act as such according to the law under which I am acting;
11. *(f) the testator has requested me to include the following statement concerning the safekeeping of his will:
12. PLACE OF EXECUTION
14. SIGNATURE and, if necessary, SEAL
*to be completed if appropriate.
History: 1978 Comp., § 45-2-1105, enacted by Laws 1992, ch. 66, § 11; recompiled as 1978 Comp., § 45-2-1005 by Laws 1993, ch. 174, § 67.ANNOTATIONS
Official comments. — See Commissioners on Uniform State Law official comment to 2-1005 UPC.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The bracketed translations were inserted in light of the 1993 recompilation of this part.
Recompilations. — Laws 1993, ch. 174, § 66 recompiled former 45-2-1005 NMSA 1978, as enacted by Laws 1992, ch. 66, § 5, relating to the statutory rule against perpetuities, as 45-2-905 NMSA 1978, effective July 1, 1993.