Section 45-2-510 - Incorporation by reference.

NM Stat § 45-2-510 (2019) (N/A)

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A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.

History: 1953 Comp., § 32A-2-510, enacted by Laws 1975, ch. 257, § 2-510; 1993, ch. 174, § 33.

The 1993 amendment, effective July 1, 1993, substituted "A writing" for "Any writing" at the beginning of this section.

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.

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 §§ 199 to 209.

Letter as a will or codicil, 54 A.L.R. 917, 40 A.L.R.2d 698.

Notation on note or securities as a will or codicil, 62 A.L.R. 292.

94 C.J.S. Wills §§ 161, 163.

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