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§ 45-2-1109 NMSA 1978

Disclaimer of power of appointment or other power not held in fiduciary capacity

Known as the Uniform Disclaimer of Property Interests Act

The act spans §§ 45-2-1001 to 45-2-914 (118 sections).

Laws 2001, ch. 290, § 9; 1978 Comp., § 46-10-9 recompiled as § 45-2-1109 by Laws 2011, ch. 124, § 101.

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:

A. If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

B. If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.

C. The instrument creating the power is construed as if the power expired when the disclaimer became effective.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.