New Mexico Statutes
Chapter 46 - Fiduciaries and Trusts
Article 11 - Uniform Powers of Appointment

Article 1 - GENERAL PROVISIONS

Section 46-11-101 - Short title. - Sections 101 through 603 [46-11-101 to 46-11-603] of this act...

Section 46-11-102 - Definitions. - As used in the Uniform Powers of Appointment Act: A....

Section 46-11-103 - Governing law. - Unless the terms of the instrument creating a power of...

Section 46-11-104 - Common law and principles of equity. - The common law and principles of equity supplement the Uniform...

Article 2 - CREATION, REVOCATION AND AMENDMENT OF POWER OF APPOINTMENT

Section 46-11-201 - Creation of power of appointment. - A. A power of appointment is created only if: (1)...

Section 46-11-202 - Nontransferability. - A powerholder shall not transfer a power of appointment. If...

Section 46-11-203 - Presumption of unlimited authority. - Subject to Section 205 [46-11-205 NMSA 1978] of the Uniform...

Section 46-11-204 - Exception to presumption of unlimited authority. - Unless the terms of the instrument creating a power of...

Section 46-11-205 - Rules of classification. - A. As used in this section, "adverse party" means a...

Section 46-11-206 - Power to revoke or amend. - A donor may revoke or amend a power of appointment...

Article 3 - EXERCISE OF POWER OF APPOINTMENT

Section 46-11-301 - Requisites for exercise of power of appointment. - A power of appointment is exercised only: A. if the...

Section 46-11-302 - Intent to exercise; determining intent from residuary clause. - A. As used in this section: (1) "residuary clause" does...

Section 46-11-303 - Intent to exercise; after-acquired power. - Unless the terms of the instrument exercising a power of...

Section 46-11-304 - Substantial compliance with donor-imposed formal requirement. - A powerholder's substantial compliance with a formal requirement of appointment...

Section 46-11-305 - Permissible appointment. - A. A powerholder of a general power of appointment that...

Section 46-11-306 - Appointment to deceased appointee or permissible appointee's descendant. - A. Subject to Sections 45-2-603 and 45-2-707 NMSA 1978, an...

Section 46-11-307 - Impermissible appointment. - A. Except as otherwise provided in Section 306 [46-11-306 NMSA...

Section 46-11-308 - Selective allocation doctrine. - If a powerholder exercises a power of appointment in a...

Section 46-11-309 - Capture doctrine; disposition of ineffectively appointed property under general power. - To the extent a powerholder of a general power of...

Section 46-11-310 - Disposition of unappointed property under released or unexercised general power. - To the extent a powerholder releases or fails to exercise...

Section 46-11-311 - Disposition of unappointed property under released or unexercised nongeneral power. - To the extent a powerholder releases, ineffectively exercises or fails...

Section 46-11-312 - Disposition of unappointed property if partial appointment to taker in default. - Unless the terms of the instrument creating or exercising a...

Section 46-11-313 - Appointment to taker in default. - If a powerholder makes an appointment to a taker in...

Section 46-11-314 - Powerholder's authority to revoke or amend exercise. - A powerholder may revoke or amend an exercise of a...

Article 4 - DISCLAIMER OR RELEASE; CONTRACT TO APPOINT OR NOT TO APPOINT

Section 46-11-401 - Disclaimer. - As provided by the Uniform Disclaimer of Property Interests Act...

Section 46-11-402 - Authority to release. - A powerholder may release a power of appointment, in whole...

Section 46-11-403 - Method of release. - A powerholder of a releasable power of appointment may release...

Section 46-11-404 - Revocation or amendment of release. - A powerholder may revoke or amend a release of a...

Section 46-11-405 - Power to contract; presently exercisable power of appointment. - A powerholder of a presently exercisable power of appointment may...

Section 46-11-406 - Power to contract; power of appointment not presently exercisable. - A powerholder of a power of appointment that is not...

Section 46-11-407 - Remedy for breach of contract to appoint or not to appoint. - The remedy for a powerholder's breach of a contract to...

Article 5 - RIGHTS OF POWERHOLDER'S CREDITORS IN APPOINTIVE PROPERTY

Section 46-11-501 - Creditor claim; general power created by powerholder. - A. As used in this section, "power of appointment created...

Section 46-11-502 - Creditor claim; general power not created by powerholder. - A. Except as otherwise provided in Subsection B of this...

Section 46-11-503 - Power to withdraw. - A. For purposes of this article and except as otherwise...

Section 46-11-504 - Creditor claim; nongeneral power. - A. Except as otherwise provided in Subsections B and C...

Article 6 - MISCELLANEOUS PROVISIONS

Section 46-11-601 - Uniformity of application and construction. - In applying and construing the Uniform Powers of Appointment Act,...

Section 46-11-602 - Relation to Electronic Signatures in Global and National Commerce Act. - The Uniform Powers of Appointment Act modifies, limits or supersedes...

Section 46-11-603 - Application to existing relationships. - A. Except as otherwise provided in the Uniform Powers of...