{"data":{"id":"us-nm/46-12-105","jurisdiction":"us-nm","citation":"46-12-105","heading":"Application; governing law.","body":"A. The Uniform Trust Decanting Act applies to a trust that:\n(1) has its principal place of administration in New Mexico, including a trust whose principal place of administration has been changed to New Mexico; or\n(2) provides by its trust instrument that it is governed by New Mexico law or is governed by New Mexico law for the purpose of:\n(a) administration, including administration of a trust whose governing law for purposes of administration has been changed to New Mexico law;\n(b) construction of terms of the trust; or\n(c) determining the meaning or effect of terms of the trust.\nB. Except as otherwise provided in the Uniform Trust Decanting Act, on and after January 1, 2017:\n(1) the Uniform Trust Decanting Act applies to a trust created before, on or after January 1, 2017;\n(2) the Uniform Trust Decanting Act applies to a judicial proceeding concerning a trust commenced on or after January 1, 2017;\n(3) the Uniform Trust Decanting Act applies to a judicial proceeding concerning a trust commenced before January 1, 2017 unless the court finds that application of a particular provision of the Uniform Trust Decanting Act would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of the Uniform Trust Decanting Act does not apply and the superseded law applies;\n(4) a rule of construction or presumption provided in the Uniform Trust Decanting Act applies to a trust instrument executed before January 1, 2017 unless there is a clear indication of a contrary intent in the terms of the instrument; and\n(5) except as otherwise provided in Paragraphs (1) through (4) of this subsection, an action done before January 1, 2017 is not affected by the Uniform Trust Decanting Act.\nC. If a right is acquired, extinguished or barred on the expiration of a prescribed period that commenced under New Mexico law other than the Uniform Trust Decanting Act before January 1, 2017, the law continues to apply to the right.","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":"6f11c7ab4ad45310e29f3d960735f908eeb646fd11dcd9448006547a3c69a178","source_id":"us-nm","stale":false,"prev":"us-nm/46-12-104","next":"us-nm/46-12-106"},"notice":"GroundRules: Original legal text. Not legal advice."}