New Mexico Statutes

§ 46-12-118 — Removal or replacement of authorized fiduciary

New Mexico·Ch. 46 Fiduciaries and Trusts·Art. 12 Uniform Trust Decanting
An authorized fiduciary shall not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless: A. the person holding the power consents to the modification in a signed record and the modification applies only to the person; B. the person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or C. the court approves the modification and the modification grants a substantially similar power to another person.

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Legislative History

Laws 2016, ch. 72, § 1-118.

Nearby Sections

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