Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the ninety years allowed by each Paragraph (2) of Subsections A, B or C of Section 45-2-901 NMSA 1978 if:

1. A. a nonvested property interest or a power of appointment becomes invalid under Section 45-2-901 NMSA 1978;
2. B. a class gift is not but might become invalid under Section 45-2-901 NMSA 1978 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
3. C. a nonvested property interest that is not validated by Paragraph (1) of Subsection A of Section 45-2-901 NMSA 1978 can vest but not within ninety years after its creation.

History: 1978 Comp., § 45-2-1003, enacted by Laws 1992, ch. 66, § 3; recompiled as 1978 Comp., § 45-2-903 by Laws 1993, ch. 174, § 66; 1995, ch. 210, § 26.

ANNOTATIONS

Official comments. — See Commissioners on Uniform State Law official comment to 2-903 UPC.

The 1995 amendment, effective July 1, 1995, substituted "Section 45-2-901 NMSA 1978" for "Section 45-2-1001 NMSA 1978" in four places throughout the section.