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Section 45-2-1005 - International will; certificate.

NM Stat § 45-2-1005 (2019) (N/A)
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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.

History: 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.

Official comments. — See Commissioners on Uniform State Law official comment to 2-1005 UPC.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The bracketed translations were inserted in light of the 1993 recompilation of this part.

Recompilations. — Laws 1993, ch. 174, § 66 recompiled former 45-2-1005 NMSA 1978, as enacted by Laws 1992, ch. 66, § 5, relating to the statutory rule against perpetuities, as 45-2-905 NMSA 1978, effective July 1, 1993.

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Section 45-2-1005 - International will; certificate.