LegalFix
Sign In

Section 45-1-103 - Supplementary general principles of law applicable.

NM Stat § 45-1-103 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

The principles of law and equity supplement the [Uniform] Probate Code's provisions, unless specifically displaced by particular provisions of the code.

History: 1953 Comp., § 32A-1-103, enacted by Laws 1975, ch. 257, § 1-103.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Principles of equity. — The district court sitting in probate and the probate courts are not invested with general civil jurisdiction, but they do have the power to apply principles of equity in and of their functions as probate courts unless specifically displaced by provisions of the Uniform Probate Code. In re Estates of Salas, 1987-NMCA-018, 105 N.M. 472, 734 P.2d 250.

Supplemental award of attorney's fees is authorized for services rendered which confer a benefit upon the estate. In re Estate of Foster, 1985-NMCA-038, 102 N.M. 707, 699 P.2d 638.

Previous Section
Section 45-1-102 - Rule of construction; purposes of act.
Next Section
Section 45-1-104 - Severability.