New Mexico § 46-12-122 - Saving provision
Full text of New Mexico New Mexico Statutes Annotated § 46-12-122 — Saving provision, with citation guidance and answers to common questions.
§ 46-12-122. Saving provision
A. If exercise of the decanting power would be effective under the Uniform Trust Decanting
Act except that the second-trust instrument in part does not comply with the Uniform
Trust Decanting Act, the exercise of the power is effective and the following rules
apply with respect to the principal of the second trust attributable to the exercise
of the power: (1) a provision in the second-trust instrument that is not permitted under the Uniform
Trust Decanting Act is void to the extent necessary to comply with the Uniform Trust
Decanting Act; and (2) a provision required by the Uniform Trust Decanting Act to be in the second-trust
instrument that is not contained in the instrument is deemed to be included in the
instrument to the extent necessary to comply with the Uniform Trust Decanting Act. B. If a trustee or other fiduciary of a second trust determines that Subsection A
of this section applies to a prior exercise of the decanting power, the fiduciary
shall take corrective action consistent with the fiduciary's duties.
Frequently Asked Questions About New Mexico § 46-12-122
What does New Mexico Statutes Annotated § 46-12-122 cover?
Section 46-12-122 ("Saving provision") 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 § 46-12-122?
A common citation format is "New Mexico Statutes Annotated § 46-12-122" (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 § 46-12-122 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.