New Mexico Statutes 45-2-514. Contracts concerning succession
Current as of: 2023 | Check for updates
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A. A contract to make a will or devise or not to revoke a will or devise or to die intestate, if executed after the effective date of this article, may be established only by:
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Terms Used In New Mexico Statutes 45-2-514
- Contract: A legal written agreement that becomes binding when signed.
- Decedent: A deceased person.
- Devise: To gift property by will.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Intestate: Dying without leaving a will.
(1) provisions of a will stating material provisions of the contract;
(2) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
(3) a writing signed by the decedent evidencing the contract.
B. The execution of a joint will or of mutual wills does not create a presumption of a contract not to revoke the will or wills.