Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the ninety years allowed by each Paragraph (2) of Subsections A, B or C of Section 45-2-901 N.M. Stat. Ann. if:

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Terms Used In New Mexico Statutes 45-2-903

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

A. a nonvested property interest or a power of appointment becomes invalid under Section 45-2-901 N.M. Stat. Ann.;

B. a class gift is not but might become invalid under Section 45-2-901 N.M. Stat. Ann. and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or

C. a nonvested property interest that is not validated by Paragraph (1) of Subsection A of Section 45-2-901 N.M. Stat. Ann. can vest but not within ninety years after its creation.

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