New Mexico Statutes
Part 5 - WILLS
Section 45-2-505 - Who may witness.

A. An individual generally competent to be a witness may act as a witness to a will.
B. The signing of a will by an interested witness does not invalidate the will or any provision of it.
History: 1953 Comp., § 32A-2-505, enacted by Laws 1975, ch. 257, § 2-505; repealed and reenacted by Laws 1993, ch. 174, § 28.
Official comments. — See Commissioners on Uniform State Law official comment to 2-505 UPC.
Repeals and reenactments. — Laws 1993, ch. 174, § 28 repealed former 45-2-505 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-505, and enacted a new section, effective July 1, 1993.
Compiler's notes. — This section is different from former 30-1-5, 1953 Comp., relating to disqualifications of witnesses.
Interested party as witness. — Under the Probate Code (45-2-505 NMSA 1978), a will is not invalid because it was signed by an interested witness. In re Estate of Gonzales, 1988-NMCA-098, 108 N.M. 583, 775 P.2d 1300.
Notary public as witness. — Where a notary public drafted a will for a decedent, saw the decedent sign the document, signed the document in the presence of the decedent and the other witness, and identified himself in the document as a notary public, he signed the will as a witness. In re Estate of Martinez, 1983-NMCA-050, 99 N.M. 809, 664 P.2d 1007 (decided under former law).
Law reviews. — For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M. L. Rev. 25 (1975).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Wills §§ 283 to 312.
Competency, as witness attesting will, of attorney named therein as executor's attorney, 30 A.L.R.3d 1361.
94 C.J.S. Wills §§ 182, 183; 95 C.J.S. Wills § 274.

Structure New Mexico Statutes