A. The Uniform Directed Trust Act applies to a trust, whenever created, that has its principal place of administration in New Mexico, subject to the following rules:

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Terms Used In New Mexico Statutes 46-14-3

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Trustee: A person or institution holding and administering property in trust.

(1)     if the trust was created before January 1, 2019, that act applies only to a decision or action occurring on or after that date; and

(2)     if the principal place of administration of the trust is changed to New Mexico on or after January 1, 2019, that act applies only to a decision or action occurring on or after the date of the change.

B. Without precluding other means to establish a sufficient connection with the designated jurisdiction in a directed trust, the terms of the trust that designate the principal place of administration of the trust are valid and controlling if:

(1)     a trustee‘s principal place of business is located in, or a trustee is a resident of, the designated jurisdiction;

(2)     a trust director’s principal place of business is located in, or a trust director is a resident of, the designated jurisdiction; or

(3)     all or part of the administration occurs in the designated jurisdiction.