§ 45-2-604 NMSA 1978

Failure of testamentary provision

Known as the Uniform Disclaimer of Property Interests Act

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

1953 Comp., § 32A-2-604, enacted by Laws 1975, ch. 257, § 2-604; repealed and reenacted by Laws 1993, ch. 174, § 43.

A. Except as provided in Section 45-2-603 NMSA 1978, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.

B. Except as provided in Section 45-2-603 NMSA 1978, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.

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.