New Mexico § 46-11-302 Intent to exercise; determining intent from residuary

New Mexico Statutes

§ 46-11-302 — Intent to exercise; determining intent from residuary

New Mexico § 46-11-302

Ch. 46Fiduciaries and Trusts

Art. 3EXERCISE OF POWER OF APPOINTMENT

This text of New Mexico § 46-11-302 (Intent to exercise; determining intent from residuary) 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. § 46-11-302 (2026).

Text

clause. A. As used in this section:

(1)"residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause; and (2) "will" includes a codicil and a testamentary instrument that revises another will. B. A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:

(1)the terms of the instrument containing the residuary clause do not manifest a contrary intent;

(2)the power is a general power exercisable in favor of the powerholder's estate;

(3)there is no gift-in-default clause or the gift-in-default clause is ineffective; and (4) the powerholder did not release the power.

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clause. A. As used in this section: (1) "residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause; and (2) "will" includes a codicil and a testamentary instrument that revises another will. B. A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if: (1) the terms of the instrument containing the residuary clause do not manifest a contrary intent; (2) the power is a general power exercisable in favor of the powerholder's estate; (3) there is no gift-in-default clause or the gift-in-default clause is ineffective; and (4) the powerholder did not release the power.