A. A will may incorporate by reference the provisions of the Uniform Statutory Will Act in whole or in part and with any modifications and additions the will provides. To the extent an express provision of a will conflicts with that act, the will governs.
B. A provision that all or part of the testator's testamentary estate is to be disposed of in accordance with the Uniform Statutory Will Act incorporates by reference provisions of that act in effect on the date the will is executed.
C. An incorporation by reference of provisions of the Uniform Statutory Will Act may be in the following or a substantially similar form:
"Except as otherwise provided in this will, I direct that my testamentary estate be disposed of in accordance with the New Mexico's Uniform Statutory Will Act."
History: Laws 1991, ch. 173, ยง 4.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2A - Uniform Statutory Will Act
Section 45-2A-1 - Short title.
Section 45-2A-2 - Definitions.
Section 45-2A-3 - Making statutory will.
Section 45-2A-4 - Incorporation by reference.
Section 45-2A-5 - Shares under statutory will.
Section 45-2A-6 - Share of spouse.
Section 45-2A-7 - Trust for spouse and issue.
Section 45-2A-8 - Shares of heirs when no surviving spouse.
Section 45-2A-9 - Trust if child under specified age.
Section 45-2A-10 - Effect of disability at distribution.
Section 45-2A-11 - Powers of appointment.
Section 45-2A-13 - Appointment of personal representative and trustee.
Section 45-2A-15 - Bond or surety.
Section 45-2A-16 - Uniformity of application and construction.