N.M. Stat. § 45-2-608

Current through 2024, ch. 69

Section 45-2-608 - Exercise of power of appointment

In the absence of a requirement that a power of appointment be exercised by a reference or by an express or specific reference to the power, a general residuary clause in a will or a will making general disposition of all of the testator's property expresses an intention to exercise a power of appointment held by the testator only if:

A. the power is a general power exercisable in favor of the powerholder's estate and the creating instrument does not contain an effective gift if the power is not exercised; or

B. the testator's will manifests an intention to include the property subject to the power.

NMS § 45-2-608

Added by 2019, c. 221,s. 1, eff. 7/1/2019.

Prior version of this section repealed by 2016, c. 69,s. 724, eff. 1/1/2017.