2021 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 7 - Trust Administration
Part 5 - Custodial Trusts
Section 45-7-507 - Multiple beneficiaries; separate custodial trusts; survivorship.

A. Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of spouses, for whom a right of survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for a right of survivorship.

B. Custodial trust property held under the Uniform Custodial Trust Act by the same custodial trustee for the use and benefit of the same beneficiary may be administered as a single custodial trust.

C. A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary pursuant to Sections 45-7-508 and 45-7-516 NMSA 1978 for the administration of the custodial trust.

History: 1978 Comp., § 45-7-507, enacted by Laws 1992, ch. 66, § 54; 2019, ch. 221, § 5.

The 2019 amendment, effective July 1, 2019, in Subsection A, after "benefit of", deleted "husband and wife" and added "spouse", after "for whom", added "a right of", and after "provides for", added "a right".

Applicability. — Laws 2019, ch. 221, § 7, provided that the provisions of this act apply to:

A. a governing instrument created before, on or after July 1, 2019;

B. a judicial proceeding commenced on or after July 1, 2019; and

C. a judicial proceeding commenced before July 1, 2019, unless the court finds that application of a particular provision of this act would substantially interfere with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision does not apply and the previous law applies.