A provision in a governing instrument purporting to penalize an interested person for contesting the governing instrument or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.
History: 1978 Comp., § 45-2-517, enacted by Laws 1995, ch. 210, § 13; 2016, ch. 69, § 710.
The 2016 amendment, effective July 1, 2016, after "contesting", deleted "a" and added "the", and after "proceedings relating to", deleted "a governing instrument or an" and added "the".
Application of section. — This section contemplates, for its application, the institution of a proceeding relating to a will. Redman-Tafoya v. Armijo, 2006-NMCA-011, 138 N.M. 836, 126 P.3d 1200.
Construction of no-contest clauses. — No-contest clauses in wills are, generally, strictly construed. Redman-Tafoya v. Armijo, 2006-NMCA-011, 138 N.M. 836, 126 P.3d 1200.
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.