New Mexico § 46-11-201 Creation of power of appointment

New Mexico Statutes

§ 46-11-201 — Creation of power of appointment

New Mexico § 46-11-201

Ch. 46Fiduciaries and Trusts

Art. 2CREATION, REVOCATION AND AMENDMENT OF

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Bluebook

N.M. Stat. Ann. § 46-11-201 (2026).

Text

A. A power of appointment is created only if:

(1)the instrument creating the power:

(a)is valid under applicable law; and (b) except as otherwise provided in Subsection B of this section, transfers the appointive property; and (2) the terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee. B. Subparagraph (b) of Paragraph (1) of Subsection A of this section does not apply to the creation of a power of appointment by the exercise of a power of appointment. C. A power of appointment shall not be created in a deceased individual. D. Subject to the provisions of Section 45-2-901 NMSA 1978, a power of appointment may be created in an unborn or unascert

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A. A power of appointment is created only if: (1) the instrument creating the power: (a) is valid under applicable law; and (b) except as otherwise provided in Subsection B of this section, transfers the appointive property; and (2) the terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee. B. Subparagraph (b) of Paragraph (1) of Subsection A of this section does not apply to the creation of a power of appointment by the exercise of a power of appointment. C. A power of appointment shall not be created in a deceased individual. D. Subject to the provisions of Section 45-2-901 NMSA 1978, a power of appointment may be created in an unborn or unascertained powerholder.