The district court may reform the terms of a governing instrument, even if unambiguous, to conform the terms to the transferor's intention if it is proved by clear and convincing evidence what the transferor's intention was and that the terms of the governing instrument were affected by a mistake of fact or law, whether in expression or inducement.
History: 1978 Comp., § 45-2-805, enacted by Laws 2011, ch. 124, § 32.
Recompilations. — Laws 2011, ch. 124, § 32 recompiled former 45-2-805 NMSA 1978 as 45-2-807 NMSA 1978 and enacted a new section as 45-2-805 NMSA 1978, effective January 1, 2012.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills
Section 45-2-802 - Effect of divorce, annulment and decree of separation.
Section 45-2-805 - Reformation to correct mistakes.
Section 45-2-806 - Modification to achieve transferor's tax objectives.
Section 45-2-807 - Death of spouse; community property.
Section 45-2-808 - Validity and effect of will executed by a wife prior to July 1, 1973.