New Mexico § 46-11-309 - Capture doctrine; disposition of ineffectively appointed property under general power
Full text of New Mexico New Mexico Statutes Annotated § 46-11-309 — Capture doctrine; disposition of ineffectively appointed property under general power, with citation guidance and answers to common questions.
§ 46-11-309. Capture doctrine; disposition of ineffectively appointed property under general power
To the extent a powerholder of a general power of appointment, other than a power
to withdraw property from, revoke or amend a trust, makes an ineffective appointment: A. the gift-in-default clause controls the disposition of the ineffectively appointed
property; or B. if there is no gift-in-default clause or to the extent the clause is ineffective,
the ineffectively appointed property: (1) passes to: (a) the powerholder if the powerholder is a permissible appointee and is living;
or (b) if the powerholder is an impermissible appointee or deceased, the powerholder's
estate if the estate is a permissible appointee; or (2) if there is no taker under Paragraph (1) of this subsection, passes under a reversionary
interest to the donor or the donor's transferee or successor in interest.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 46-11-309
What does New Mexico Statutes Annotated § 46-11-309 cover?
Section 46-11-309 ("Capture doctrine; disposition of ineffectively appointed property under general power") 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 § 46-11-309?
A common citation format is "New Mexico Statutes Annotated § 46-11-309" (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 § 46-11-309 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.