In formal proceedings involving trusts, or estates of decedents, minors, protected persons or incapacitated persons, and in judicially supervised settlements, interests to be affected shall be described in pleadings that give reasonable information to owners by name or class, by reference to the instrument creating the interests or in another appropriate manner.
History: 1953 Comp., § 32A-1-403, enacted by Laws 1975, ch. 257, § 1-403; 2009, ch. 159, § 24; 2011, ch. 124, § 9; 2016, ch. 69, § 703.
ANNOTATIONSThe 2016 amendment, effective July 1, 2016, removed provisions regarding when certain parties are bound by orders that bind others, and removed certain appointment and notice provisions regarding representation of certain persons when the district court determines that representation of certain interests is inadequate; in the catchline, after "pleadings", deleted "when parties bound by others; notice", in the introductory sentence, after "settlements", deleted "the following rules apply", deleted the subsection designation "A", and deleted Subsections B, C, D and E, which related to the scope of certain orders, the representation of minor children in formal proceedings or judicially supervised settlements, the notice of formal proceedings or judicially supervised settlements, and the appointment of guardians ad litem.
The 2011 amendment, effective January 1, 2012, provided that an order binding the sole holders of a general testamentary power of appointment binds other persons to the extent their interest is subject to the testamentary power and that a minor or an incapacitated person is bound by an order to the extent their interests are represented by another party having the same interest in the proceeding and permits a parent to represent a minor child if no conservator or guardian has been appointed.
The 2009 amendment, effective June 19, 2009, in Subparagraph (b) of Paragraph (2) of Subsection B, after "guardian bind the", deleted "ward" and added "protected person".
Subsection B of 45-1-403 NMSA 1978 is not exclusive and does not prevent others from being bound. In re Protective Proceeding for Strozzi, 1991-NMCA-057, 112 N.M. 270, 814 P.2d 138.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Executors and Administrators §§ 158 to 178; 61A Am. Jur. 2d Pleading §§ 84, 96; 80 Am. Jur. 2d Wills §§ 1035 to 1062.
Administration on estate of one as absentee as affecting one not notified whose relationship to absentee had its inception after his disappearance, 26 A.L.R. 965.
Right of agent or personal representative to make election for legatee or devisee to take under or against will, 83 A.L.R.2d 1077.
Duty and liability of executor with respect to locating and noticing legatees, devisees or heirs, 10 A.L.R.3d 547.
71 C.J.S. Pleading §§ 288, 290; 96 C.J.S. Wills §§ 1062, 1070.