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§ 46-11-204 NMSA 1978

Exception to presumption of unlimited authority

Known as the Uniform Powers of Appointment Act

The act spans §§ 46–46 (38 sections).

Laws 2016, ch. 69, § 204.

Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if:

A. the power is exercisable only at the powerholder's death; and

B. the permissible appointees of the power are a defined and limited class that does not include the powerholder's estate, the powerholder's creditors or the creditors of the powerholder's estate.

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.