New Mexico § 46-12-105 Application; governing law

New Mexico Statutes

§ 46-12-105 — Application; governing law

New Mexico § 46-12-105

Ch. 46Fiduciaries and Trusts

Art. 12Uniform Trust Decanting

This text of New Mexico § 46-12-105 (Application; governing law) 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. § 46-12-105 (2026).

Text

A. The Uniform Trust Decanting Act applies to a trust that:

(1)has its principal place of administration in New Mexico, including a trust whose principal place of administration has been changed to New Mexico; or (2) provides by its trust instrument that it is governed by New Mexico law or is governed by New Mexico law for the purpose of:

(a)administration, including administration of a trust whose governing law for purposes of administration has been changed to New Mexico law;

(b)construction of terms of the trust; or (c) determining the meaning or effect of terms of the trust. B. Except as otherwise provided in the Uniform Trust Decanting Act, on and after January 1, 2017:

(1)the Uniform Trust Decanting Act applies to a trust created before, on or after January 1, 2017;

(2)the Unifo

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A. The Uniform Trust Decanting Act applies to a trust that: (1) has its principal place of administration in New Mexico, including a trust whose principal place of administration has been changed to New Mexico; or (2) provides by its trust instrument that it is governed by New Mexico law or is governed by New Mexico law for the purpose of: (a) administration, including administration of a trust whose governing law for purposes of administration has been changed to New Mexico law; (b) construction of terms of the trust; or (c) determining the meaning or effect of terms of the trust. B. Except as otherwise provided in the Uniform Trust Decanting Act, on and after January 1, 2017: (1) the Uniform Trust Decanting Act applies to a trust created before, on or after January 1, 2017; (2) the Uniform Trust Decanting Act applies to a judicial proceeding concerning a trust commenced on or after January 1, 2017; (3) the Uniform Trust Decanting Act applies to a judicial proceeding concerning a trust commenced before January 1, 2017 unless the court finds that application of a particular provision of the Uniform Trust Decanting Act would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of the Uniform Trust Decanting Act does not apply and the superseded law applies; (4) a rule of construction or presumption provided in the Uniform Trust Decanting Act applies to a trust instrument executed before January 1, 2017 unless there is a clear indication of a contrary intent in the terms of the instrument; and (5) except as otherwise provided in Paragraphs (1) through (4) of this subsection, an action done before January 1, 2017 is not affected by the Uniform Trust Decanting Act. C. If a right is acquired, extinguished or barred on the expiration of a prescribed period that commenced under New Mexico law other than the Uniform Trust Decanting Act before January 1, 2017, the law continues to apply to the right.