{"data":{"id":"us-nm/46-12-103","jurisdiction":"us-nm","citation":"46-12-103","heading":"Scope.","body":"A. Except as otherwise provided in Subsections B and C of this section, the Uniform Trust Decanting Act applies to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest.\nB. The Uniform Trust Decanting Act does not apply to a trust held solely for charitable purposes.\nC. Subject to Section 1-115 [46-12-115 NMSA 1978] of the Uniform Trust Decanting Act, a trust instrument may restrict or prohibit exercise of the decanting power.\nD. The Uniform Trust Decanting Act does not limit the power of a trustee, powerholder or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, New Mexico law other than the Uniform Trust Decanting Act, common law, a court order or a nonjudicial-settlement agreement.\nE. The Uniform Trust Decanting Act does not affect the ability of a settlor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument.","path":["Chapter 46 - Fiduciaries and Trusts","ARTICLE 12 Uniform Trust Decanting"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18547/index.do","current_through":"2024-04-26","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"205f1453dbda4add54cb62a0b0109ffdf9486e14a6976641189530ef0c4db2c6","source_id":"us-nm","stale":false,"prev":"us-nm/46-12-102","next":"us-nm/46-12-104"},"notice":"GroundRules: Original legal text. Not legal advice."}