To the extent there is no conflict of interest between the holder of a general testamentary power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default or otherwise, are subject to the power.
History: 1978 Comp., § 45-1-403.2, enacted by Laws 2016, ch. 69, § 705.
Effective dates. — Laws 2016, ch. 69, § 727A made Laws 2016, ch. 69, §§ 701 through 723 effective July 1, 2016.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 1 - Uniform Probate Code
Part 4 - NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS
Section 45-1-401 - Notice; method and time of giving.
Section 45-1-402 - Notice; waiver.
Section 45-1-403.1 - Representation; basic effect.
Section 45-1-403.2 - Representation by holder of general testamentary power of appointment.
Section 45-1-403.3 - Representation by fiduciaries and parents.
Section 45-1-403.4 - Representation by person having substantially identical interest.