Uniform Trust Code
New Mexico · Uniform Trust Code · §§ 46A-1-101 to 46A-1-113 · 13 sections
Overview
This act provides a general statutory framework for the creation, administration, and enforcement of trusts, setting out default rules that yield to the terms of the trust alongside a narrower set of mandatory rules that cannot be overridden, with the common law of trusts and principles of equity continuing to supplement it. It covers such matters as governing law and the principal place of administration, notice to beneficiaries and who is entitled to receive it, rules of construction, and the recognition of resulting and constructive trusts. It also governs the consequences of a trustee's conduct — remedies and damages for breach of trust, attorney fees, time limits on actions against a trustee, exculpation clauses and beneficiary consent or release, limits on a trustee's personal liability to third parties, and protection for those who deal with a trustee in reliance on a certification of trust — while allowing interested parties to resolve certain questions among themselves through nonjudicial settlement agreements rather than in court.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 4 court decisions.
Most-cited authority: 477 F.3d 1171 - Butt v. Bank of America, N.A.
Sections covered
- § 46A-1-101 NMSA 1978Short title1 cite
- § 46A-1-102 NMSA 1978Scope
- § 46A-1-103 NMSA 1978Definitions1 cite
- § 46A-1-104 NMSA 1978Knowledge
- § 46A-1-105 NMSA 1978Default and mandatory rules
- § 46A-1-106 NMSA 1978Common law of trusts; principles of equity1 cite
- § 46A-1-107 NMSA 1978Governing law
- § 46A-1-108 NMSA 1978Principal place of administration
- § 46A-1-109 NMSA 1978Methods and waiver of notice
- § 46A-1-110 NMSA 1978Others treated as qualified beneficiaries
- § 46A-1-111 NMSA 1978Nonjudicial settlement agreements
- § 46A-1-112 NMSA 1978Rules of construction1 cite
- § 46A-1-113 NMSA 1978Insurable interest of trustee
Enacted in other states
Alabama, Colorado, Connecticut, District of Columbia, Hawaii, Kentucky, Massachusetts, Mississippi, Montana, North Carolina, North Dakota, Nebraska, New Jersey, Oklahoma, Oregon, Tennessee, West Virginia, Wyoming
All New Mexico named statutes →
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