A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation of another individual's will is such an event.
History: 1953 Comp., § 32A-2-512, enacted by Laws 1975, ch. 257, § 2-512; 1993, ch. 174, § 35.
ANNOTATIONSCross references. — For execution of will, see 45-2-502 NMSA 1978.
For revocation by writing or act, see 45-2-507 NMSA 1978.
For revocation by change of circumstances, see 45-2-508 NMSA 1978.
The 1993 amendment, effective July 1, 1993, made minor stylistic changes throughout the section.
Law reviews. — For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Wills §§ 744 to 752.
Excuse for delay in complying with condition of bequest or devise, beyond time allowed by will, 26 A.L.R. 929.
Effect of prevention, by colegatee or codevisee or a third person, of a legatee or devisee from performing the condition upon which the gift rests, 76 A.L.R. 1342.
Right of legatee or devisee and duty of executor in respect of legacy or devise, payment of which is by the terms of will conditional upon performance of some act or course of conduct by legatee or upon some future event, 110 A.L.R. 1354.
Validity of provision of will that makes devise or legacy dependent upon some future act by testator, 152 A.L.R. 1238.
Absence of limitation over in event of nonperformance of condition as to conduct or obligation of devisee, legatee or grantee, as affecting operation of condition, 163 A.L.R. 1152.
Testamentary gift to one named as executor or trustee as conditioned upon his qualifying or serving as such, 61 A.L.R.2d 1380.
Construction of will provision for gift over if first taker dies without issue and if some other contingency occurs, where there is death without issue but the other contingency does not occur, 73 A.L.R.2d 466.
Determination of absolute or conditional nature of will, 1 A.L.R.3d 1048.
Validity of condition of gift depending on divorce or separation, 14 A.L.R.3d 1219.
Validity of testamentary provision making gift to person or persons meeting specified qualification and authorizing another to determine who qualifies, 74 A.L.R.3d 1073.
Wills: condition that devisee or legatee shall renounce, embrace, or adhere to specified religious faith, 89 A.L.R.3d 984.
96 C.J.S. Wills §§ 974 to 1003.