New Mexico § 46A-1-105 Default and mandatory rules

New Mexico Statutes

§ 46A-1-105 — Default and mandatory rules

New Mexico § 46A-1-105

Ch. 46AUniform Trust Code

Art. 1General Provisions and Definitions

This text of New Mexico § 46A-1-105 (Default and mandatory rules) 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. § 46A-1-105 (2026).

Text

A. Except as otherwise provided in the terms of the trust, the Uniform Trust Code governs the duties and powers of a trustee, relations among trustees and the rights and interests of a beneficiary. B. The terms of a trust prevail over any provision of the Uniform Trust Code except:

(1)the requirements for creating a trust;

(2)subject to Sections 9, 11 and 12 [46-14-9, 46-14-11 and 46-14-12] of the Uniform Directed Trust Act, the duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries;

(3)the requirement that a trust and its terms be for the benefit of its beneficiaries and that the trust have a purpose that is lawful, not contrary to public policy and possible to achieve;

(4)the power of the court to modif

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

A. Except as otherwise provided in the terms of the trust, the Uniform Trust Code governs the duties and powers of a trustee, relations among trustees and the rights and interests of a beneficiary. B. The terms of a trust prevail over any provision of the Uniform Trust Code except: (1) the requirements for creating a trust; (2) subject to Sections 9, 11 and 12 [46-14-9, 46-14-11 and 46-14-12] of the Uniform Directed Trust Act, the duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries; (3) the requirement that a trust and its terms be for the benefit of its beneficiaries and that the trust have a purpose that is lawful, not contrary to public policy and possible to achieve; (4) the power of the court to modify or terminate a trust under Sections 46A-4- 410 through 46A-4-416 NMSA 1978; (5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in Chapter 46A, Article 5 NMSA 1978; (6) the power of the court under Section 46A-7-702 NMSA 1978 to require, dispense with or modify or terminate a bond; (7) the power of the court under Subsection B of Section 46A-7-708 NMSA 1978 to adjust a trustee's compensation specified in the terms of the trust that is unreasonably low or high; (8) the duty under Paragraphs (2) and (3) of Subsection B of Section 46A-8- 813 NMSA 1978 to notify qualified beneficiaries of an irrevocable trust who have attained twenty-five years of age of the existence of the trust, of the identity of the trustee and of their right to request reports of the trustee; (9) except as otherwise provided in Subsection F of Section 46A-8-813 NMSA 1978, the duty under Subsection A of Section 46A-8-813 NMSA 1978 to respond to the request of a qualified beneficiary of an irrevocable trust for a trustee's reports and other information reasonably related to the administration of a trust; (10) the effect of an exculpatory term under Section 46A-10-1008 NMSA 1978; (11) the rights under Sections 46A-10-1010 through 46A-10-1013 NMSA 1978 of a person other than a trustee or beneficiary; (12) periods of limitation for commencing a judicial proceeding; provided, however, any such period may be increased; (13) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and (14) the subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in Sections 46A-2-203 and 46A-2-204 NMSA 1978.