New Mexico Statutes 45-2-504. Self-proved will
A. A will may be simultaneously executed, attested and made self-proved by acknowledgment thereof by the testator and affidavits or affirmations under penalty of perjury of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer’s certificate, under official seal, in substantially the following form:
Terms Used In New Mexico Statutes 45-2-504
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Fraud: Intentional deception resulting in injury to another.
- Testator: A male person who leaves a will at death.
“I, , the testator, swear or affirm under penalty of perjury on this day of , that I request and to act as witnesses to my will; that I declare to them and the undersigned authority that this document is my will; that I sign this will in the presence of both witnesses; that they sign the will as witnesses in my presence and in the presence of each other; that the will was read by me (or read and explained to me) after being prepared and before I sign it; that it clearly and accurately expresses my wishes; that I sign it willingly (or willingly directed another to sign for me); that I make and sign the will as my free and voluntary act for the purposes expressed in the will; that I am eighteen years of age or older; that I am mentally capable of disposing of my estate by will; and that I am not acting under duress, menace, fraud or undue influence of any person.
Testator
We, and , the witnesses, do hereby swear or affirm under penalty of perjury on this day of to the undersigned authority that the testator, , declares that the attached document is his or her will; that the testator signs it willingly (or willingly directs another to sign for him or her); that the testator signs it in the presence of both of us and requests both of us to sign as witnesses; that each of us, in the presence of the testator and in the presence of each other, signs this will as witness to the testator’s signing; that so far as we can determine, the testator is eighteen years of age or older; that the testator is not acting under duress, menace, fraud or undue influence of any person;
and that the testator, in our opinion, is mentally capable of disposing of his or her estate by will.
Witness Witness State of County of Subscribed and sworn to, or affirmed under penalty of perjury, and acknowledged before me by , the testator, and subscribed and sworn to, or affirmed under penalty of perjury, before me by and , witnesses, this day of . (Seal) (Signed) (Official capacity of officer)”.
B. An attested will may be made self-proved at any time after its execution by the acknowledgment thereof by the testator and the affidavits or affirmation under penalty of perjury of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which the acknowledgment occurs and evidenced by the officer’s certificate, under official seal, attached or annexed to the will in substantially the following form:
“I, , the testator, swear or affirm under penalty of perjury on this day of that I requested and to act as witnesses to my will; that I declared to them and the undersigned authority that this document is my will; that I signed this will in the presence of both witnesses; that they signed the will as witnesses in my presence and in the presence of each other; that the will was read by me (or read and explained to me) after being prepared and before I signed it; that it clearly and accurately expresses my wishes; that I signed it willingly (or willingly directed another to sign for me); that I made and signed the will as my free and voluntary act for the purposes expressed in the will; that I am eighteen years of age or older; that I am mentally capable of disposing of my estate by will; and that I am not acting under duress, menace, fraud or undue influence of any person.
Testator
We, and , witnesses, do hereby swear or affirm under penalty of perjury on this day of that the testator, , declared the attached document to be his or her will; that the testator signed it willingly (or willingly directed another to sign for the testator); that the testator signed it in the presence of both of us and requested both of us to sign as witnesses; that each of us, in the presence of the testator and in the presence of each other, signed this will as witness to the testator’s signing; that so far as we could determine, the testator is eighteen years of age or older; that the testator was not acting under duress, menace, fraud or undue influence of any person; and that the testator, in our opinion, was mentally capable of disposing of the testator’s estate by will.
Witness Witness State of County of Subscribed and sworn to, or affirmed under penalty of perjury, and acknowledged before me by , the testator, and subscribed and sworn to, or affirmed under penalty of perjury, before me by and , witnesses, this of . (Seal) (Signed) (Official capacity of officer)”.
C. A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will if necessary to prove the will’s due execution.