New Mexico Statutes
§ 45-1-106 — Effect of fraud and evasion
New Mexico § 45-1-106
JurisdictionNew Mexico
Ch. 45Uniform Probate Code
This text of New Mexico § 45-1-106 (Effect of fraud and evasion) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
N.M. Stat. Ann. § 45-1-106 (2026).
Text
A.If fraud has been perpetrated in connection with any proceeding or in any statement filed under the [Uniform] Probate Code or if fraud is used to avoid or circumvent the provisions or purposes of the code, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud including restitution from any person (other than a bona fide purchaser) benefiting from the fraud, whether innocent or not. Any proceeding must be commenced within two years after the discovery of the fraud. No proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of commission of the fraud.
B.Subsection A of this section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession o
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Legislative History
1953 Comp., § 32A-1-106, enacted by Laws 1975, ch. 257, § 1-106.
Nearby Sections
15
§ 45-1-101
Short title§ 45-1-102
Rule of construction; purposes of act§ 45-1-104
Severability§ 45-1-106
Effect of fraud and evasion§ 45-1-107
Evidence of death or status§ 45-1-108
Acts by holder of general power§ 45-1-109
Security interests not affected§ 45-1-201
Definitions§ 45-1-301
Application§ 45-1-302.1
Concurrent jurisdiction§ 45-1-303
Venue; multiple proceedings; transferCite This Page — Counsel Stack
Bluebook (online)
New Mexico § 45-1-106, Counsel Stack Legal Research, https://law.counselstack.com/statute/nm/45/45-1-106.