2021 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills
Part 5 - WILLS
Section 45-2-505 - Who may witness.

A. An individual generally competent to be a witness may act as a witness to a will.

B. The signing of a will by an interested witness does not invalidate the will or any provision of it.

History: 1953 Comp., § 32A-2-505, enacted by Laws 1975, ch. 257, § 2-505; repealed and reenacted by Laws 1993, ch. 174, § 28.

Official comments. — See Commissioners on Uniform State Law official comment to 2-505 UPC.

Repeals and reenactments. — Laws 1993, ch. 174, § 28 repealed former 45-2-505 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-505, and enacted a new section, effective July 1, 1993.

Compiler's notes. — This section is different from former 30-1-5, 1953 Comp., relating to disqualifications of witnesses.

Interested party as witness. — Under the Probate Code (45-2-505 NMSA 1978), a will is not invalid because it was signed by an interested witness. In re Estate of Gonzales, 1988-NMCA-098, 108 N.M. 583, 775 P.2d 1300.

Notary public as witness. — Where a notary public drafted a will for a decedent, saw the decedent sign the document, signed the document in the presence of the decedent and the other witness, and identified himself in the document as a notary public, he signed the will as a witness. In re Estate of Martinez, 1983-NMCA-050, 99 N.M. 809, 664 P.2d 1007 (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).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Wills §§ 283 to 312.

Competency, as witness attesting will, of attorney named therein as executor's attorney, 30 A.L.R.3d 1361.

94 C.J.S. Wills §§ 182, 183; 95 C.J.S. Wills § 274.