New Mexico § 45-2-608 Exercise of power of appointment

New Mexico Statutes

§ 45-2-608 — Exercise of power of appointment

New Mexico·Ch. 45 Uniform Probate Code·Art. 2 Intestate Succession and Wills

In the absence of a requirement that a power of appointment be exercised by a reference or by an express or specific reference to the power, a general residuary clause in a will or a will making general disposition of all of the testator's property expresses an intention to exercise a power of appointment held by the testator only if: A. the power is a general power exercisable in favor of the powerholder's estate and the creating instrument does not contain an effective gift if the power is not exercised; or B. the testator's will manifests an intention to include the property subject to the power.

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In the absence of a requirement that a power of appointment be exercised by a reference or by an express or specific reference to the power, a general residuary clause in a will or a will making general disposition of all of the testator's property expresses an intention to exercise a power of appointment held by the testator only if: A. the power is a general power exercisable in favor of the powerholder's estate and the creating instrument does not contain an effective gift if the power is not exercised; or B. the testator's will manifests an intention to include the property subject to the power.

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