GroundRules
← Search the law
New Mexico · Through 2024-04-26

46-11-311: Disposition of unappointed property under released or unexercised nongeneral power.

Read at publisher ↗
Where this section sits in the code
  1. Chapter 46 - Fiduciaries and Trusts
  2. ARTICLE 11 Uniform Powers of Appointment

To the extent a powerholder releases, ineffectively exercises or fails to exercise a nongeneral power of appointment:

A. the gift-in-default clause controls the disposition of the unappointed property; or

B. if there is no gift-in-default clause or to the extent that the clause is ineffective, the unappointed property:

(1) passes to the permissible appointees if:

(a) the permissible appointees are defined and limited; and

(b) the terms of the instrument creating the power do not manifest a contrary intent; or

(2) if there is no taker under Paragraph (1) of this subsection, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.

Collected 2026-09-03T15:02:19Z. Source file · JSON

Browse this collection