Revocation by change of circumstances.

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Except as provided in Sections 45-2-803 and 45-2-804 NMSA 1978, a change of circumstances does not revoke a will or any part of it.

History: 1953 Comp., § 32A-2-508, enacted by Laws 1975, ch. 257, § 2-508; repealed and reenacted by Laws 1993, ch. 174, § 31.

ANNOTATIONS

Repeals and reenactments. — Laws 1993, ch. 174, § 31 repealed former 45-2-508 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-508, and enacted a new section, effective July 1, 1993.

Compiler's notes. — This section includes within its scope some of the functions of former 30-1-7.1, 1953 Comp.

Law reviews. — For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975).

For article, "Survey of New Mexico Law, 1979-80: Estates and Trusts," see 11 N.M.L. Rev. 151 (1981).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Wills §§ 586 to 588, 685, 766.

Illegitimacy of child as affecting revocation of will by subsequent birth of child, 18 A.L.R. 91, 38 A.L.R. 1344.

Divorce or separation as affecting person entitled to devise or bequest to "husband," "wife" or "widow," 75 A.L.R.2d 1413.

Statutory revocation of will by subsequent birth or adoption of child, 97 A.L.R.2d 1044.

Divorce as affecting will previously executed by husband or wife, 71 A.L.R.3d 1297.

Devolution of gift over upon spouse predeceasing testator where gift to spouse fails because of divorce, 74 A.L.R.3d 1108.

Validity of statutes or rule providing that marriage or remarriage of woman operates as revocation of will previously executed by her, 99 A.L.R.3d 1020.

95 C.J.S. Wills § 293.


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