The principles of law and equity supplement the [Uniform] Probate Code's provisions, unless specifically displaced by particular provisions of the code.
History: 1953 Comp., § 32A-1-103, enacted by Laws 1975, ch. 257, § 1-103.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Principles of equity. — The district court sitting in probate and the probate courts are not invested with general civil jurisdiction, but they do have the power to apply principles of equity in and of their functions as probate courts unless specifically displaced by provisions of the Uniform Probate Code. In re Estates of Salas, 1987-NMCA-018, 105 N.M. 472, 734 P.2d 250.
Supplemental award of attorney's fees is authorized for services rendered which confer a benefit upon the estate. In re Estate of Foster, 1985-NMCA-038, 102 N.M. 707, 699 P.2d 638.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 1 - Uniform Probate Code
Part 1 - SHORT TITLE, CONSTRUCTION AND GENERAL PROVISIONS
Section 45-1-101 - Short title.
Section 45-1-102 - Rule of construction; purposes of act.
Section 45-1-103 - Supplementary general principles of law applicable.
Section 45-1-104 - Severability.
Section 45-1-105 - Construction against implied repeal, amendment or expansion.
Section 45-1-106 - Effect of fraud and evasion.
Section 45-1-107 - Evidence of death or status.
Section 45-1-108 - Acts by holder of general power.
Section 45-1-109 - Security interests not affected.
Section 45-1-110 - Time of taking effect; provisions for transition.