To the extent there is no conflict of interest between the holder of a general testamentary power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default or otherwise, are subject to the power.
History: Laws 2003, ch. 122, § 3-302.
Effective dates. — Laws 2003, ch. 122, § 11-1106 made the act effective July 1, 2003.
Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
Structure New Mexico Statutes
Chapter 46A - Uniform Trust Code
Section 46A-3-301 - Representation; basic effect.
Section 46A-3-302 - Representation by holder of general testamentary power of appointment.
Section 46A-3-303 - Representation by fiduciaries and parents.
Section 46A-3-304 - Representation by person having substantially identical interest.