Will Laws
New Mexico
Will Laws
New Mexico
Overview
Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.
Some key terms to keep in mind:
Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.
State Requirements and Will Type Recognition
Code Section
45-2-501, et seq.
Operative Facts
- must be of sound mind
- must have reached age of majority
- written or oral
- document must be dated
- must be made before 2 adult witnesses
- effective when patient no longer able to make own health-care decisions
Age of Testator
18 years or older and of sound mind
Number of Witnesses Required
Must be signed by at least two individuals each of whom must sign in presence of testator and each other after each witnessed the signing of the will.
Oral Will Recognition
Not recognized