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Form a Business

INTERNATIONAL WILLS

NMSA 1978 ch. 45, art. 2, pt. 10
in effect

NMSA 1978, § 45-2-1001 Definitions

45-2-1001. Definitions As used in Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001 to 45-2-1010 NMSA 1978]: A. "international will" means a will executed in conformity with Sections 45-2-1102 through 45-2-1105 NMSA 1978 [45-2-1002 to 45-2-1005 NMSA 1978]; and B. "authorized person" or "person authorized to act in connection with international wills" means a person who, by Section 45-2-1109 NMSA 1978 [45-2-1009 NMSA 1978] or by the laws of the United States, including members of the diplomatic and consular service of the United States designated by foreign service regulations, is empowered to supervise the execution of international wills. 1978 Comp., § 45-2-1101, enacted by Laws 1992, ch. 66, § 7; recompiled as 1978 Comp., § 45-2-1001 by Laws 1993, ch. 174, § 67.

NMSA 1978, § 45-2-1002 International will; validity

45-2-1002. International will; validity A. A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will complying with the requirements of Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001 to 45-2-1010 NMSA 1978]. B. The invalidity of the will as an international will does not affect its formal validity as a will of another kind. C. Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001 to 45-2-1010 NMSA 1978] do not apply to the form of testamentary dispositions made by two or more persons in one instrument. 1978 Comp., § 45-2-1102, enacted by Laws 1992, ch. 66, § 8; recompiled as 1978 Comp., § 45-2-1002 by Laws 1993, ch. 174, § 67.

NMSA 1978, § 45-2-1003 International will; requirements

45-2-1003. International will; requirements A. The will must be made in writing. It need not be written by the testator himself. It may be written in any language, by hand or by any other means. B. The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is his will and that he knows the contents thereof. The testator need not inform the witnesses, or the authorized person, of the contents of the will. C. In the presence of the witnesses, and of the authorized person, the testator shall sign the will or, if he has previously signed it, shall acknowledge his signature. D. If the testator is unable to sign, the absence of his signature does not affect the validity of the international will if the testator indicates the reason for his inability to sign and the authorized person makes note thereof on the will. In that case, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator, to sign the testator's name for him if the authorized person makes note of this on the will, but it is not required that any person sign the testator's name for him. E. The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator. 1978 Comp., § 45-2-1103, enacted by Laws 1992, ch. 66, § 9; recompiled as 1978 Comp., § 45-2-1003 by Laws 1993, ch. 174, § 67.

NMSA 1978, § 45-2-1004 International will; other points of form

45-2-1004. International will; other points of form A. The signatures shall be placed at the end of the will. If the will consists of several sheets, each sheet shall be signed by the testator or, if he is unable to sign, by the person signing on his behalf or, if there is no such person, by the authorized person. In addition, each sheet shall be numbered. B. The date of the will shall be the date of its signature by the authorized person. That date shall be noted at the end of the will by the authorized person. C. The authorized person shall ask the testator whether he wishes to make a declaration concerning the safekeeping of his will. If so and at the express request of the testator, the place where he intends to have his will kept shall be mentioned in the certificate provided for in Section 45-2-1105 NMSA 1978 [45-2-1005 NMSA 1978]. D. A will executed in compliance with Section 45-2-1103 NMSA 1978 is not invalid merely because it does not comply with this section. 1978 Comp., § 45-2-1104, enacted by Laws 1992, ch. 66, § 10; recompiled as 1978 Comp., § 45-2-1004 by Laws 1993, ch. 174, § 67.

NMSA 1978, § 45-2-1005 International will; certificate

45-2-1005. International will; certificate The authorized person shall attach to the will a certificate to be signed by him establishing that the requirements of Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001 to 45-2-1010 NMSA 1978] for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate must be substantially in the following form: CERTIFICATE 1. I, ________________________ (name, address, and capacity), a person authorized to act in connection with international wills, 2. certify that on __________________ (date) at __________________ (place) 3. (testator) ____ (name, address, date and place of birth) in my presence and that of the witnesses 4. (a) __________________ (name, address, date and place of birth) (b) __________________ (name, address, date and place of birth) has declared that the attached document is his will and that he knows the contents thereof. 5. I furthermore certify that: 6. (a) in my presence and in that of the witnesses (1) the testator has signed the will or has acknowledged his signature previously affixed; *(2) following a declaration of the testator stating that he was unable to sign his will for the following reason __________________, I have mentioned this declaration on the will, *and the signature has been affixed by ______________________________ (name and address); 7. (b) the witnesses and I have signed the will; 8. *(c) each page of the will has been signed by ______________ and numbered; 9. (d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above; 10. (e) the witnesses met the conditions requisite to act as such according to the law under which I am acting; 11. *(f) the testator has requested me to include the following statement concerning the safekeeping of his will: ________________________________________________________________________ 12. PLACE OF EXECUTION 13. DATE 14. SIGNATURE and, if necessary, SEAL *to be completed if appropriate. 1978 Comp., § 45-2-1105, enacted by Laws 1992, ch. 66, § 11; recompiled as 1978 Comp., § 45-2-1005 by Laws 1993, ch. 174, § 67.

NMSA 1978, § 45-2-1006 International will; effect of certificate

45-2-1006. International will; effect of certificate In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001 to 45-2-1010 NMSA 1978]. The absence or irregularity of a certificate does not affect the formal validity of a will under Sections 45-2-1101 through 45-2-1110 NMSA 1978. 1978 Comp., § 45-2-1106, enacted by Laws 1992, ch. 66, § 12; recompiled as 1978 Comp., § 45-2-1006 by Laws 1993, ch. 174, § 67.

NMSA 1978, § 45-2-1007 International will; revocation

45-2-1007. International will; revocation An international will is subject to the ordinary rules of revocation of wills. 1978 Comp., § 45-2-1107, enacted by Laws 1992, ch. 66, § 13; recompiled as 1978 Comp., § 45-2-1007 by Laws 1993, ch. 174, § 67.

NMSA 1978, § 45-2-1008 Source and construction

45-2-1008. Source and construction Sections 45-2-1101 through 45-2-1107 NMSA 1978 [45-2-1001 to 45-2-1007 NMSA 1978] derive from annex to convention of October 26, 1973, providing a uniform law on the form of an international will. In interpreting and applying Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001 to 45-2-1010 NMSA 1978], regard shall be had to its international origin and to the need for uniformity in its interpretation. 1978 Comp., § 45-2-1108, enacted by Laws 1992, ch. 66, § 14; recompiled as 1978 Comp., § 45-2-1008 by Laws 1993, ch. 174, § 67.

NMSA 1978, § 45-2-1009 Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency

45-2-1009. Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency Individuals who have been admitted to practice law before the courts of this state and are currently licensed so to do are authorized persons in relation to international wills. 1978 Comp., § 45-2-1109, enacted by Laws 1992, ch. 66, § 15; recompiled as 1978 Comp., § 45-2-1009 by Laws 1993, ch. 174, § 67.

NMSA 1978, § 45-2-1010 International will; information registration

45-2-1010. International will; information registration The secretary of state shall establish a registry system by which authorized persons may register, in a central information center, information regarding the execution of international wills, keeping that information in strictest confidence until the death of the maker and then making it available to any person desiring information about any will who presents a death certificate or other satisfactory evidence of the testator's death to the center. Information that may be received, preserved in confidence until death and reported as indicated is limited to the name, social security or any other individual identifying number established by law, address and date and place of birth of the testator, and the intended place of deposit or safekeeping of the instrument pending the death of the maker. The secretary of state, at the request of the authorized person, may cause the information it receives about execution of any international will to be transmitted to the registry system of another jurisdiction as identified by the testator, if that other system adheres to rules protecting the confidentiality of the information similar to those established in this state. 1978 Comp., § 45-2-1110, enacted by Laws 1992, ch. 66, § 16; recompiled as 1978 Comp., § 45-2-1010 by Laws 1993, ch. 174, § 67.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18546/index.doFetched: 10/20/2026

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