The district court may reform the terms of a governing instrument, even if unambiguous, to conform the terms to the transferor's intention if it is proved by clear and convincing evidence what the transferor's intention was and that the terms of the governing instrument were affected by a mistake of fact or law, whether in expression or inducement.
§ 45-2-805 NMSA 1978
Reformation to correct mistakes
Known as the Uniform Disclaimer of Property Interests Act
The act spans §§ 45-2-1001 to 45-2-914 (118 sections).
Applied in 1 court decision — leading case 61 Cal. 4th 871 - Radin v. Jewish National Fund (2015)
Most recently applied in 61 Cal. 4th 871 - Radin v. Jewish National Fund (July 2015)
1978 Comp., § 45-2-805, enacted by Laws 2011, ch. 124, § 32.
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.