If a wife has executed a will prior to July 1, 1973, which remains unrevoked or unamended and in which she has not exercised a power of testamentary disposition over her one-half interest in the community property by specific reference thereto and affirmative disposition thereof, her interest in the community property goes to her surviving husband. The wife's will shall be valid in disposing of any other property over which she has testamentary disposition notwithstanding her legal disability under prior law to exercise a power of testamentary disposition of her interest in the community property.

History: 1953 Comp., § 29-1-32, enacted by Laws 1973, ch. 276, § 8; 1978 Comp., § 45-8-9, recompiled as 1978 Comp., § 45-2-806 by Laws 1993, ch. 174, § 65; recompiled as 1978 Comp., § 45-2-808 by Laws 2011, ch. 124, § 33.

Recompilations. — Laws 2011, ch. 124, § 33 recompiled former 45-2-806 NMSA 1978 as 45-2-808 NMSA 1978 and enacted a new 45-2-806 NMSA 1978, effective January 1, 2012.

Cross references. — For intestate share of spouse in separate and community properties, see 45-2-102 NMSA 1978.

For the general disposition of community property upon the death of one spouse, see 45-2-804 NMSA 1978.

For definition of community property, see 40-3-8 NMSA 1978.

For presumption of separate property where acquisition by wife in her own name prior to July 1, 1973, see 40-3-12 NMSA 1978.

For transfer and management of community real property, see 40-3-13 NMSA 1978.

For transfer and management of community personal property, see 40-3-14 NMSA 1978.