A. Except as otherwise provided in Subsection B of this section, a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in the Uniform Prudent Investor Act [45-7-601 to 45-7-612 NMSA 1978].
B. The prudent investor rule, a default rule, may be expanded, restricted, eliminated or otherwise altered by the provisions of a trust. A trustee is not liable to a beneficiary to the extent that the trustee acted in reasonable reliance on the provisions of the trust.
History: 1978 Comp., § 45-7-602, enacted by Laws 1995, ch. 210, § 83.
Effective dates. — Laws 1995, ch. 210, § 94 made the Uniform Prudent Investor Act effective July 1, 1995.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 7 - Trust Administration
Part 6 - Uniform Prudent Investor Act
Section 45-7-601 - Short title.
Section 45-7-602 - Prudent investor rule.
Section 45-7-603 - Standard of care; portfolio strategy; risk and return objectives.
Section 45-7-604 - Diversification.
Section 45-7-605 - Duties at inception of trusteeship.
Section 45-7-607 - Impartiality.
Section 45-7-608 - Investment costs.
Section 45-7-609 - Reviewing compliance.
Section 45-7-610 - Delegation of investment and management functions.