A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty. The writing may be:
A. referred to as one to be in existence at the time of the testator's death;
B. prepared before or after the execution of the will;
C. altered by the testator after its preparation; or
D. a writing that has no significance apart from its effect on the dispositions made by the will.
History: 1953 Comp., § 32A-2-513, enacted by Laws 1975, ch. 257, § 2-513; repealed and reenacted by Laws 1993, ch. 174, § 36.
ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Law official comment to 2-513 UPC.
Repeals and reenactments. — Laws 1993, ch. 174, § 36 repealed 45-2-513 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-513, and enacted a new section, effective July 1, 1993.
Cross references. — For contracts to alter distribution, see 45-3-912 NMSA 1978.
Exhibits created no conflict with dispositive provisions of will. — Where a list of exhibits introduced included a promissory note, a handwritten draft from an attorney's file relating to a bequest, and several handwritten lists of property which were to be embodied in affidavits that had not been completed at the time of the testator's death, such exhibits are admissible as documents contemplated by this section and they do not create a conflict with the dispositive provisions of the will. In re Estate of Shadden, 1979-NMCA-078, 93 N.M. 274, 599 P.2d 1071, cert. denied, 93 N.M. 172, 598 P.2d 215, overruled on other grounds by Huntington Nat'l Bank v. Sproul, 1993-NMSC-051, 116 N.M. 254, 861 P.2d 935 (decided under former law).
Oral testimony cannot remedy will's defects. — Since it is undisputed that the decedent failed in his will to leave written, signed instructions identifying his intended beneficiaries, extrinsic, oral testimony was not admissible to rectify defects in the will itself or to overcome the decedent's failure to leave other proper written instructions concerning his beneficiaries. In re Estate of Boyer, 1994-NMCA-005, 117 N.M. 74, 868 P.2d 1299.
Devise of "personal property". — Absent language in the will indicating an intent to the contrary, the term "personal property" includes both tangible and intangible personal property. In re Estate of Russell, 1994-NMCA-145, 119 N.M. 43, 888 P.2d 489.
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 §§ 179 to 182, 185, 194.
Testamentary character of memorandum or other informal writing not testamentary on its face regarding ownership or disposition of specific personal property, 117 A.L.R. 1327.
Validity of will written on disconnected sheets, 38 A.L.R.2d 477.
Validity, construction and effect of bequest or devise to a person's estate, or to the person or his estate, 10 A.L.R.3d 483.
94 C.J.S. Wills §§ 87, 161; 96 C.J.S. Wills §§ 1165, 1178.