New Mexico § 46-12-104 - Fiduciary duty
Full text of New Mexico New Mexico Statutes Annotated § 46-12-104 — Fiduciary duty, with citation guidance and answers to common questions.
§ 46-12-104. Fiduciary duty
A. In exercising the decanting power, an authorized fiduciary shall act in accordance
with its fiduciary duties, including the duty to act in accordance with the purposes
of the first trust. B. The Uniform Trust Decanting Act does not create or imply a duty to exercise the
decanting power or to inform beneficiaries about the applicability of the Uniform
Trust Decanting Act. C. Except as otherwise provided in a first-trust instrument, the terms of the first
trust are, for purposes of the Uniform Trust Decanting Act, Section 46A-8-801 NMSA 1978 and Subsection A of Section 46A-8-802 NMSA 1978 , deemed to include the decanting power.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 46-12-104
What does New Mexico Statutes Annotated § 46-12-104 cover?
Section 46-12-104 ("Fiduciary duty") 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 § 46-12-104?
A common citation format is "New Mexico Statutes Annotated § 46-12-104" (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 § 46-12-104 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.