If a class gift in favor of "descendants", "issue" or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment in such shares as they would receive pursuant to the applicable law of intestate succession if the designated ancestor had then died intestate owning the subject matter of the class gift.
History: 1978 Comp., § 45-2-708, enacted by Laws 1993, ch. 174, § 56.
Official comments. — See Commissioners on Uniform State Law official comment to 2-708 UPC.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills
Part 7 - RULES OF CONSTRUCTION FOR GOVERNING INSTRUMENTS
Section 45-2-702 - Requirement of survival by one hundred twenty hours.
Section 45-2-703 - Choice of law as to meaning and effect of governing instrument.
Section 45-2-704 - Power of appointment; compliance with specific reference requirement.
Section 45-2-705 - Class gifts construed to accord with intestate succession; exceptions.
Section 45-2-709 - Representation; per capita at each generation; per stirpes.