New Mexico § 46-11-301 Requisites for exercise of power of appointment

New Mexico Statutes

§ 46-11-301 — Requisites for exercise of power of appointment

New Mexico § 46-11-301

Ch. 46Fiduciaries and Trusts

Art. 3EXERCISE OF POWER OF APPOINTMENT

This text of New Mexico § 46-11-301 (Requisites for 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. § 46-11-301 (2026).

Text

A power of appointment is exercised only: A. if the instrument exercising the power is valid under applicable law; and B. if the terms of the instrument exercising the power:

(1)manifest the powerholder's intent to exercise the power; and (2) subject to Section 304 [46-11-304 NMSA 1978] of the Uniform Powers of Appointment Act, satisfy the requirements of exercise, if any, imposed by the donor; and C. to the extent the appointment is a permissible exercise of the power.

Free access — add to your briefcase to read the full text and ask questions with AI

A power of appointment is exercised only: A. if the instrument exercising the power is valid under applicable law; and B. if the terms of the instrument exercising the power: (1) manifest the powerholder's intent to exercise the power; and (2) subject to Section 304 [46-11-304 NMSA 1978] of the Uniform Powers of Appointment Act, satisfy the requirements of exercise, if any, imposed by the donor; and C. to the extent the appointment is a permissible exercise of the power.