To achieve the transferor's tax objectives, the district court may modify the terms of a governing instrument in a manner that is not contrary to the transferor's probable intention. The district court may provide that the modification has retroactive effect.
History: 1978 Comp., § 45-2-806, enacted by Laws 2011, ch. 124, § 33.
Recompilations. — Laws 2011, ch. 124, § 33 recompiled former 45-2-806 NMSA 1978 as 45-2-808 NMSA 1978 and enacted new section as 45-2-806 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.