New Mexico § 46-12-105 - Application; governing law
Full text of New Mexico New Mexico Statutes Annotated § 46-12-105 — Application; governing law, with citation guidance and answers to common questions.
§ 46-12-105. Application; governing law
A. The Uniform Trust Decanting Act applies to a trust that: (1) has its principal place of administration in New Mexico, including a trust whose
principal place of administration has been changed to New Mexico; or (2) provides by its trust instrument that it is governed by New Mexico law or is governed
by New Mexico law for the purpose of: (a) administration, including administration of a trust whose governing law for purposes
of administration has been changed to New Mexico law; (b) construction of terms of the trust; or (c) determining the meaning or effect of terms of the trust. B. Except as otherwise provided in the Uniform Trust Decanting Act, on and after January
1, 2017: (1) the Uniform Trust Decanting Act applies to a trust created before, on or after
January 1, 2017; (2) the Uniform Trust Decanting Act applies to a judicial proceeding concerning a
trust commenced on or after January 1, 2017; (3) the Uniform Trust Decanting Act applies to a judicial proceeding concerning a
trust commenced before January 1, 2017 unless the court finds that application of
a particular provision of the Uniform Trust Decanting Act would interfere substantially
with the effective conduct of the judicial proceeding or prejudice a right of a party,
in which case the particular provision of the Uniform Trust Decanting Act does not
apply and the superseded law applies; (4) a rule of construction or presumption provided in the Uniform Trust Decanting
Act applies to a trust instrument executed before January 1, 2017 unless there is
a clear indication of a contrary intent in the terms of the instrument; and (5) except as otherwise provided in Paragraphs (1) through (4) of this subsection,
an action done before January 1, 2017 is not affected by the Uniform Trust Decanting
Act. C. If a right is acquired, extinguished or barred on the expiration of a prescribed
period that commenced under New Mexico law other than the Uniform Trust Decanting
Act before January 1, 2017, the law continues to apply to the right.
Frequently Asked Questions About New Mexico § 46-12-105
What does New Mexico Statutes Annotated § 46-12-105 cover?
Section 46-12-105 ("Application; governing law") 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 § 46-12-105?
A common citation format is "New Mexico Statutes Annotated § 46-12-105" (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 § 46-12-105 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.