Section 45-2A-11 - Powers of appointment. - New Mexico Statutes

45-2A-11. Powers of appointment.

A.     A will incorporating by reference the terms of the Uniform Statutory Will Act [45-2A-1 NMSA 1978] does not exercise a power of appointment unless:   

(1)     the will complies with any conditions imposed on the exercise of the power;   

(2)     the appointment is within the scope of the power; and   

(3)     the will expressly refers to the power or expresses an intent to exercise any power of appointment held by the testator.   

B.     If a power of appointment is exercised as provided in Subsection A of this section, the appointed property passes as part of the statutory-will estate unless the will provides otherwise.