If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded or registered, the disclaimer may be so filed, recorded or registered. Except as otherwise provided in Paragraph (2) of Subsection G of Section 45-2-1112 NMSA 1978, failure to file, record or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.

History: Laws 2001, ch. 290, § 15; 1978 Comp., § 46-10-15 recompiled and amended as § 45-2-1115 NMSA 1978 by Laws 2011, ch. 124, § 93.

Recompilations. — Laws 2011, ch. 124, § 93 recompiled and amended former 46-10-15 NMSA 1978 as 45-2-1115 NMSA 1978, effective January 1, 2012.

The 2011 amendment, effective January 1, 2012, made the failure to file, record or register a disclaimer subject to Paragraph (2) of Subsection G of Section 45-1-1112 NMSA 1978.

COMMENT

This section permits the recordation of a disclaimer of an interest in property ownership of or title to which is the subject of a recording system. This section expands on the corresponding provision of previous Uniform Acts which only referred to permissive recording of a disclaimer of an interest in real property. While local practice may vary, disclaimants should realize that in order to establish the chain of title to real property, and to ward off creditors and bona fide purchasers, the disclaimer may have to be recorded. This section does not change the law of the state governing notice. The reference to Section 2-1112(g)(2) concerns the disclaimer of an interest in real property created by a "beneficiary designation" as that term is defined in §2-1112(a). Such a disclaimer must be recorded. (Amended in 2010.)