New Mexico § 46A-6-603 Settlor's powers; powers of withdrawal

New Mexico Statutes

§ 46A-6-603 — Settlor's powers; powers of withdrawal

New Mexico § 46A-6-603

Ch. 46AUniform Trust Code

Art. 6Revocable Trusts

This text of New Mexico § 46A-6-603 (Settlor's powers; powers of withdrawal) 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-6-603 (2026).

Text

A.While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust.

B.While a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.

C.During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.

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A. While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust. B. While a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor. C. During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.