{"data":{"id":"us-nm/46a-4-413","jurisdiction":"us-nm","citation":"46A-4-413","heading":"Cy pres.","body":"A. Except as otherwise provided in Subsection B of this section, if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve or wasteful:\n(1) the trust does not fail, in whole or in part;\n(2) the trust property does not revert to the settlor or the settlor's successors in interest; and\n(3) the court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes.\nB. A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under Subsection A of this section to apply cy pres to modify or terminate the trust only if, when the provision takes effect:\n(1) the trust property is to revert to the settlor and the settlor is still living; or\n(2) fewer than twenty-one years have elapsed since the date of the trust's creation.\nC. The attorney general as parens patriae is a necessary party to any cy pres proceeding in the Uniform Trust Code [46A-1-101 NMSA 1978].","path":["Chapter 46A - Uniform Trust Code","ARTICLE 4 Creation, Validity, Modification and Termination of Trust"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18548/index.do","current_through":"2024-04-26","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"64b6f0dddd1aebdaca11cad0495b1037ce58c16b4c3d78ef6672e7b47f3012e4","source_id":"us-nm","stale":false,"prev":"us-nm/46a-4-412","next":"us-nm/46a-4-414"},"notice":"GroundRules: Original legal text. Not legal advice."}