New Mexico § 46-12-109 - Court involvement
Full text of New Mexico New Mexico Statutes Annotated § 46-12-109 — Court involvement, with citation guidance and answers to common questions.
§ 46-12-109. Court involvement
A. On application of an authorized fiduciary, a person entitled to notice under Subsection
C of Section 1-107 of the Uniform Trust Decanting Act, a beneficiary or, with respect
to a charitable interest, the attorney general or other person that has standing to
enforce the charitable interest, the court, may: (1) provide instructions to the authorized fiduciary regarding whether a proposed
exercise of the decanting power is permitted under the Uniform Trust Decanting Act
and consistent with the fiduciary duties of the authorized fiduciary; (2) appoint a special fiduciary and authorize the special fiduciary to determine whether
the decanting power should be exercised under the Uniform Trust Decanting Act and
to exercise the decanting power; (3) approve an exercise of the decanting power; (4) determine that a proposed or attempted exercise of the decanting power is ineffective
because: (a) after applying Section 1-122 of the Uniform Trust Decanting Act, the proposed
or attempted exercise does not or did not comply with the Uniform Trust Decanting
Act; or (b) the proposed or attempted exercise would be or was an abuse of the fiduciary's
discretion or a breach of fiduciary duty; (5) determine the extent to which Section 1-122 of the Uniform Trust Decanting Act
applies to a prior exercise of the decanting power; (6) provide instructions to the trustee regarding the application of Section 1-122
of the Uniform Trust Decanting Act to a prior exercise of the decanting power; or (7) order other relief to carry out the purposes of the Uniform Trust Decanting Act. B. On application of an authorized fiduciary, the court may approve: (1) an increase in the fiduciary's compensation under Section 1-116 of the Uniform
Trust Decanting Act; or (2) a modification under Section 1-118 of the Uniform Trust Decanting Act of a provision
granting a person the right to remove or replace the fiduciary.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 46-12-109
What does New Mexico Statutes Annotated § 46-12-109 cover?
Section 46-12-109 ("Court involvement") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 46-12-109?
A common citation format is "New Mexico Statutes Annotated § 46-12-109" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 46-12-109 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.