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

New Mexico Statutes

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

New Mexico § 45-2-608

Ch. 45Uniform Probate Code

Art. 2Intestate Succession and Wills

This text of New Mexico § 45-2-608 (Exercise of power of appointment) 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. § 45-2-608 (2026).

Text

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.