New Mexico Statutes
§ 46A-10-1009 — Beneficiary's consent, release or ratification
New Mexico § 46A-10-1009
JurisdictionNew Mexico
Ch. 46AUniform Trust Code
Art. 10Liability of Trustees and Rights of Persons Dealing
This text of New Mexico § 46A-10-1009 (Beneficiary's consent, release or ratification) 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-10-1009 (2026).
Text
A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach or ratified the transaction constituting the breach, unless: A. the consent, release or ratification of the beneficiary was induced by improper conduct of the trustee; or B. at the time of the consent, release or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.
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Legislative History
Laws 2003, ch. 122, § 10-1008; recompiled as § 46A-10-1009 by Laws 2007,
Nearby Sections
15
§ 46A-1-101
Short title§ 46A-1-102
Scope§ 46A-1-103
Definitions§ 46A-1-104
Knowledge§ 46A-1-105
Default and mandatory rules§ 46A-1-106
Common law of trusts; principles of equity§ 46A-1-107
Governing law§ 46A-1-108
Principal place of administration§ 46A-1-109
Methods and waiver of notice§ 46A-1-110
Others treated as qualified beneficiaries§ 46A-1-111
Nonjudicial settlement agreements§ 46A-1-112
Rules of construction§ 46A-1-113
Insurable interest of trustee§ 46A-10-1001
Breach of trust§ 46A-10-1002
Damages for breach of trustCite This Page — Counsel Stack
Bluebook (online)
New Mexico § 46A-10-1009, Counsel Stack Legal Research, https://law.counselstack.com/statute/nm/46A/46A-10-1009.