New Mexico § 46-11-306 Appointment to deceased appointee or permissible

New Mexico Statutes

§ 46-11-306 — Appointment to deceased appointee or permissible

New Mexico § 46-11-306

Ch. 46Fiduciaries and Trusts

Art. 3EXERCISE OF POWER OF APPOINTMENT

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Bluebook

N.M. Stat. Ann. § 46-11-306 (2026).

Text

appointee's descendant.

A.Subject to Sections 45-2-603 and 45-2-707 NMSA 1978, an appointment to a deceased appointee is ineffective.

B.Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of, or create a new power of appointment in, a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee.

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appointee's descendant. A. Subject to Sections 45-2-603 and 45-2-707 NMSA 1978, an appointment to a deceased appointee is ineffective. B. Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of, or create a new power of appointment in, a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee.