New Mexico § 46-11-305 Permissible appointment

New Mexico Statutes

§ 46-11-305 — Permissible appointment

New Mexico § 46-11-305

Ch. 46Fiduciaries and Trusts

Art. 3EXERCISE OF POWER OF APPOINTMENT

This text of New Mexico § 46-11-305 (Permissible 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. § 46-11-305 (2026).

Text

A. A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property. B. A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholder's estate may appoint only to those creditors. C. Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the powerholder of a nongeneral power may:

(1)make an appointment in any form, including an appointment in trust, in favor of a permissible appointee;

(2)create a general power in a permissible appointee;

(3)cre

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

A. A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property. B. A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholder's estate may appoint only to those creditors. C. Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the powerholder of a nongeneral power may: (1) make an appointment in any form, including an appointment in trust, in favor of a permissible appointee; (2) create a general power in a permissible appointee; (3) create a nongeneral power in any person to appoint to one or more of the permissible appointees of the original nongeneral power; or (4) create a nongeneral power in a permissible appointee to appoint to one or more persons if the permissible appointees of the new nongeneral power include the permissible appointees of the original nongeneral power.