A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
History: 1953 Comp., § 32A-2-510, enacted by Laws 1975, ch. 257, § 2-510; 1993, ch. 174, § 33.
The 1993 amendment, effective July 1, 1993, substituted "A writing" for "Any writing" at the beginning of this section.
Oral testimony cannot remedy will's defects. — Since it is undisputed that the decedent failed in his will to leave written, signed instructions identifying his intended beneficiaries, extrinsic, oral testimony was not admissible to rectify defects in the will itself or to overcome the decedent's failure to leave other proper written instructions concerning his beneficiaries. In re Estate of Boyer, 1994-NMCA-005, 117 N.M. 74, 868 P.2d 1299.
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 §§ 199 to 209.
Letter as a will or codicil, 54 A.L.R. 917, 40 A.L.R.2d 698.
Notation on note or securities as a will or codicil, 62 A.L.R. 292.
94 C.J.S. Wills §§ 161, 163.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills
Section 45-2-501 - Who may make will.
Section 45-2-502 - Execution; witnessed wills.
Section 45-2-504 - Self-proved will.
Section 45-2-505 - Who may witness.
Section 45-2-506 - Choice of law as to execution.
Section 45-2-507 - Revocation by writing or by act.
Section 45-2-508 - Revocation by change of circumstances.
Section 45-2-509 - Revival of revoked will.
Section 45-2-510 - Incorporation by reference.
Section 45-2-511 - Testamentary additions to trust.
Section 45-2-512 - Events of independent significance.
Section 45-2-514 - Contracts concerning succession.
Section 45-2-515 - Deposit of will with court in testator's lifetime.