N.M. Stat. § 45-2-805

Current through 2024, ch. 69

Section 45-2-805 - Reformation to correct mistakes

The district court may reform the terms of a governing instrument, even if unambiguous, to conform the terms to the transferor's intention if it is proved by clear and convincing evidence what the transferor's intention was and that the terms of the governing instrument were affected by a mistake of fact or law, whether in expression or inducement.

NMS § 45-2-805

1978 Comp., § 45-2-805, enacted by Laws 2011, ch. 124, § 32.

Added by 2011, c. 124,s. 32, eff. 1/1/2012.

See also former 45-2-805, "Death of spouse; community property," which has been renumbered as §45-2-807 by 2011, c. 124,s. 32, eff. 1/1/2012.