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Current as of January 01, 2024 | Updated by FindLaw Staff
A. As used in this section, “adverse party” means a person with a substantial beneficial interest in property that would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor of the powerholder or a creditor of the powerholder's estate.
B. If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.
C. If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 46. Fiduciaries and Trusts § 46-11-205. Rules of classification - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-46-fiduciaries-and-trusts/nm-st-sect-46-11-205/
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