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NEW MEXICO STATUTES AND CODES

Section 45-2-1005 - International will; certificate.

45-2-1005. International will; certificate.

The authorized person shall attach to the will a certificate to be signed by him establishing that the requirements of Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001 to 45-2-1010 NMSA 1978] for valid execution of an international will have been fulfilled.  The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate must be substantially in the following form:   CERTIFICATE  

1.     I, ________________________ (name, address, and capacity), a person authorized to act in connection with international wills,       

2.     certify that on __________________ (date) at __________________ (place) 

3.     (testator) ____ (name, address, date and place of birth) in my presence and that of the witnesses 

4.     (a) __________________ (name, address, date and place of birth)  

     (b) __________________ (name, address, date and place of birth) has declared that the attached document is his will and that he knows the contents thereof. 

5.     I furthermore certify that: 

6.     (a) in my presence and in that of the witnesses  

(1)     the testator has signed the will or has acknowledged his signature previously affixed;  

*(2)     following a declaration of the testator stating that he was unable to sign his will for the following reason __________________, I have mentioned this declaration on the will,  

*and the signature has been affixed by ______________________________ (name and address);   

7.     (b) the witnesses and I have signed the will;       

8.     *(c) each page of the will has been signed by ______________ and numbered;       

9.     (d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above;       

10.     (e) the witnesses met the conditions requisite to act as such according to the law under which I am acting;       

11.     *(f) the testator has requested me to include the following statement concerning the safekeeping of his will:             

     ________________________________________________________________________      

12.     PLACE OF EXECUTION       

13.     DATE 

14.     SIGNATURE and, if necessary, SEAL       

     *to be completed if appropriate.

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