Section 45-1-106 - Effect of fraud and evasion. - New Mexico Statutes

45-1-106. Effect of fraud and evasion.

A.     If fraud has been perpetrated in connection with any proceeding or in any statement filed under the [Uniform] Probate Code [45-1-101 NMSA 1978] or if fraud is used to avoid or circumvent the provisions or purposes of the code, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud including restitution from any person (other than a bona fide purchaser) benefiting from the fraud, whether innocent or not. Any proceeding must be commenced within two years after the discovery of the fraud. No proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of commission of the fraud.   

B.     Subsection A of this section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate.