New Mexico § 46-12-115 - Trust limitation on decanting
Full text of New Mexico New Mexico Statutes Annotated § 46-12-115 — Trust limitation on decanting, with citation guidance and answers to common questions.
§ 46-12-115. Trust limitation on decanting
A. An authorized fiduciary shall not exercise the decanting power to the extent that
the first-trust instrument expressly prohibits exercise of: (1) the decanting power; or (2) a power granted by state law to the fiduciary to distribute part or all of the
principal of the trust to another trust. B. Exercise of the decanting power is subject to any restriction in the first-trust
instrument that expressly applies to exercise of: (1) the decanting power; or (2) a power granted by state law to a fiduciary to distribute part or all of the principal
of the trust to another trust or to modify the trust. C. A general prohibition of the amendment or revocation of a first trust, a spendthrift
clause or a clause restraining the voluntary or involuntary transfer of a beneficiary's
interest does not preclude exercise of the decanting power. D. Subject to Subsections A and B of this section, an authorized fiduciary may exercise
the decanting power provided by the Uniform Trust Decanting Act even if the first-trust
instrument permits the authorized fiduciary or another person to modify the first-trust
instrument or to distribute part or all of the principal of the first trust to another
trust. E. If a first-trust instrument contains an express prohibition described in Subsection
A of this section or an express restriction described in Subsection B of this section,
the provision shall be included in the second-trust instrument.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 46-12-115
What does New Mexico Statutes Annotated § 46-12-115 cover?
Section 46-12-115 ("Trust limitation on decanting") 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 § 46-12-115?
A common citation format is "New Mexico Statutes Annotated § 46-12-115" (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 § 46-12-115 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.