If a class gift in favor of "descendants", "issue" or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment in such shares as they would receive pursuant to the applicable law of intestate succession if the designated ancestor had then died intestate owning the subject matter of the class gift.
§ 45-2-708 NMSA 1978
Class gifts to descendants, issue or heirs of the body; form of distribution if none specified
Known as the Uniform Disclaimer of Property Interests Act
The act spans §§ 45-2-1001 to 45-2-914 (118 sections).
1978 Comp., § 45-2-708, enacted by Laws 1993, ch. 174, § 56.
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.