A. A will incorporating by reference the terms of the Uniform Statutory Will Act does not exercise a power of appointment unless: (1) the will complies with any conditions imposed on the exercise of the power; (2) the appointment is within the scope of the power; and (3) the will expressly refers to the power or expresses an intent to exercise any power of appointment held by the testator. B. If a power of appointment is exercised as provided in Subsection A of this section, the appointed property passes as part of the statutory-will estate unless the will provides otherwise. History: Laws 1991, ch. 173, § 11.
New Mexico Legal Code