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New Mexico · Through 2024-04-26

46A-10-1012: Protection of person dealing with trustee.

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Where this section sits in the code
  1. Chapter 46A - Uniform Trust Code
  2. ARTICLE 10 Liability of Trustees and Rights of Persons Dealing with Trustees

A. A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.

B. A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.

C. A person who in good faith delivers assets to a trustee need not ensure their proper application.

D. A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated, is protected from liability as if the former trustee were still a trustee.

E. Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.

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

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