New Mexico § 46-11-302 - Intent to exercise; determining intent from residuary clause
Full text of New Mexico New Mexico Statutes Annotated § 46-11-302 — Intent to exercise; determining intent from residuary clause, with citation guidance and answers to common questions.
§ 46-11-302. Intent to exercise; determining intent from residuary clause
A. As used in this section: (1) “ residuary clause ” does not include a residuary clause containing a blanket-exercise clause or a specific-exercise
clause; and (2) “ will ” includes a codicil and a testamentary instrument that revises another will. B. A residuary clause in a powerholder's will, or a comparable clause in the powerholder's
revocable trust, manifests the powerholder's intent to exercise a power of appointment
only if: (1) the terms of the instrument containing the residuary clause do not manifest a
contrary intent; (2) the power is a general power exercisable in favor of the powerholder's estate; (3) there is no gift-in-default clause or the gift-in-default clause is ineffective;
and (4) the powerholder did not release the power.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 46-11-302
What does New Mexico Statutes Annotated § 46-11-302 cover?
Section 46-11-302 ("Intent to exercise; determining intent from residuary clause") 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 § 46-11-302?
A common citation format is "New Mexico Statutes Annotated § 46-11-302" (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 § 46-11-302 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.