New Mexico § 46-14-2 - Definitions
Full text of New Mexico New Mexico Statutes Annotated § 46-14-2 — Definitions, with citation guidance and answers to common questions.
§ 46-14-2. Definitions
As used in the Uniform Directed Trust Act: A. “ breach of trust ” includes a violation by a trust director or trustee of a duty imposed on that director
or trustee by the terms of the trust, by the Uniform Directed Trust Act or by another
law of New Mexico pertaining to trusts; B. “ directed trust ” means a trust for which the terms of the trust grant a power of direction; C. “ directed trustee ” means a trustee that is subject to a trust director's power of direction; D. “ person ” means an individual; estate; business or nonprofit entity; public corporation;
government; governmental subdivision, agency or instrumentality; or other legal
entity; E. “ power of direction ”: (1) means a power over a trust granted to a person by the terms of the trust to the
extent the power is exercisable while the person is not serving as a trustee; (2) includes a power over the investment, management or distribution of trust property
or other matters of trust administration; and (3) excludes the powers described in Subsection B of Section 5 of the Uniform Directed
Trust Act; F. “ settlor ” means a person, including a testator, that creates, or contributes property to,
a trust. If more than one person creates or contributes property to a trust, each person
is a settlor of the portion of the trust property attributable to that person's contribution
except to the extent another person has the power to revoke or withdraw that portion; G. “ state ” means a state of the United States, the District of Columbia, Puerto Rico, the United
States Virgin Islands or any other territory or possession subject to the jurisdiction
of the United States; H. “ terms of a trust ” means: (1) except as otherwise provided in Paragraph (2) of this subsection, the manifestation
of the settlor's intent regarding a trust's provisions as: (a) expressed in the trust instrument; or (b) established by other evidence that would be admissible in a judicial proceeding;
or (2) the trust's provisions as established, determined or amended by: (a) a trustee or trust director in accordance with applicable law; (b) court order; or (c) a nonjudicial settlement agreement under Section 46A-1-111 NMSA 1978; I. “ trust director ” means a person that is granted a power of direction by the terms of a trust to the
extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the
person as a trust director and whether or not the person is a beneficiary or settlor
of the trust; and J. “ trustee ” includes an original, additional and successor trustee and a co-trustee.
Frequently Asked Questions About New Mexico § 46-14-2
What does New Mexico Statutes Annotated § 46-14-2 cover?
Section 46-14-2 ("Definitions") 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 § 46-14-2?
A common citation format is "New Mexico Statutes Annotated § 46-14-2" (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 § 46-14-2 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.