New Mexico Statutory Will Form

The contents of this form are provided by the State of New Mexico. Unless you modify the form, it disposes of your estate in accordance with the Uniform Statutory Wills Act. Only use this form if you are familiar with the provisions of this statute and you understand how your estate is affected. If unsure, seek legal advice from an attorney.
45-2A-3. Making statutory will. An individual having capacity to make a will under the laws of this state may make a statutory will under the Uniform Statutory Will Act [45-2A-1 NMSA 1978]. The will must be executed in a manner recognized as valid under the laws of this state. 45-2A-4. Incorporation by reference. A. A will may incorporate by reference the provisions of the Uniform Statutory Will Act [45-2A-1 NMSA 1978] in whole or in part and with any modifications and additions the will provides. To the extent an express provision of a will conflicts with that act, the will governs. B. A provision that all or part of the testator’s testamentary estate is to be disposed of in accordance with the Uniform Statutory Will Act incorporates by reference provisions of that act in effect on the date the will is executed. C. An incorporation by reference of provisions of the Uniform Statutory Will Act may be in the following or a substantially similar form: “Except as otherwise provided in this will, I direct that my testamentary estate be disposed of in accordance with the New Mexico’s Uniform Statutory Will Act.” 45-2A-17. Form of statutory will. I, ________, of the City of ________, County of ________, and State of ________, declare this to be my Last Will and hereby revoke all of my prior wills and codicils. 1. I direct that my testamentary estate be disposed of in accordance with the Uniform Statutory Will Act [45-2A-1 NMSA 1978], as in effect on the date of execution of this will. 2. I appoint ________ as personal representative of my estate under this will. If a trust becomes applicable under the provision of the Act, I appoint ________ as trustee hereunder. If either of them does not serve, or at any time ceases to serve, in either capacity, I appoint ________ to serve in the vacant capacity or capacities. I appoint ________ as guardian and conservator of my minor children. I, ________, the testator, sign my name to this instrument this ______________ day of ________, 19 ____, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my Last Will and that I (sign it willingly) (willingly direct another to sign for me) (cross out the one of these two alternatives that is inapplicable), that I execute one of these two alternatives that is inapplicable [sic], that I execute it as my free and voluntary act for the purpose therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence. __________________ Testator We, ________ and ________ the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as (his) (her) Last Will and that (he) (she) (signs it willingly) (willingly directs another to sign) (her) (him) (cross out the inapplicable word or phrase in each of these instances), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator’s signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence. __________________ Witness __________________ Witness State of __________________ County of __________________ Subscribed, sworn to and acknowledged before me by ________, the testator, and subscribed and sworn to before me by ________ and ________, witnesses, this ________ day of ________, 19 ____. (Seal) (Signed) __________________________________________________ ___________________________________________________________ (official capacity of officer)

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