N.M. Stat. » N.M. Stat. / Chapter 45 / Article 2
New Mexico Statutes

N.M. Stat. § 45-2-508 (2026)

Revocation by change of circumstances.

✓ current as of May 2026
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Except as provided in Sections 45-2-803 and 45-2-804 NMSA 1978, a change of
circumstances does not revoke a will or any part of it.

History: 1953 Comp., § 32A-2-508, enacted by Laws 1975, ch. 257, § 2-508; repealed
and reenacted by Laws 1993, ch. 174, § 31.

                                       ANNOTATIONS

Repeals and reenactments. — Laws 1993, ch. 174, § 31 repealed former 45-2-508
NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-508, and enacted a new section,
effective July 1, 1993.

Compiler's notes. — This section includes within its scope some of the functions of
former 30-1-7.1, 1953 Comp.

Law reviews. — For article, "Intestate Succession and Wills Law: The New Probate
Code," see 6 N.M.L. Rev. 25 (1975).

For article, "Survey of New Mexico Law, 1979-80: Estates and Trusts," see 11 N.M.L.
Rev. 151 (1981).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Wills §§ 586 to 588, 685,
766.
Illegitimacy of child as affecting revocation of will by subsequent birth of child, 18 A.L.R.
91, 38 A.L.R. 1344.

Divorce or separation as affecting person entitled to devise or bequest to "husband,"
"wife" or "widow," 75 A.L.R.2d 1413.

Statutory revocation of will by subsequent birth or adoption of child, 97 A.L.R.2d 1044.

Divorce as affecting will previously executed by husband or wife, 71 A.L.R.3d 1297.

Devolution of gift over upon spouse predeceasing testator where gift to spouse fails
because of divorce, 74 A.L.R.3d 1108.

Validity of statutes or rule providing that marriage or remarriage of woman operates as
revocation of will previously executed by her, 99 A.L.R.3d 1020.

95 C.J.S. Wills § 293.
Notes of Decisions
Cited in 5 cases, 1979–2009 · leading case: Matter of Est. of Seymour, 600 P.2d 274 (N.M. 1979).
Sort: Relevance Newest Treatment
Matter of Est. of Seymour, 600 P.2d 274 (N.M. 1979). · cites it 5× “They argue that the Legislature's enactment of the Probate Code, specifically § 45-2-508, N.M.S.A. 1978, prior to decedent's death governs the effect of the divorce.”
Oldham v. Oldham, 222 P.3d 701 (N.M. Ct. App. 2009). · cites it 2× “In addition, NMSA 1978, Section 45-2-508 (1993) recognizes that the change of circumstances set forth in Section 45-2-804 are sufficient to revoke a will or any part of it.”
Matter of Est. of Coleman, 718 P.2d 702 (N.M. Ct. App. 1986). · cites it 2× “" NMSA 1978, § 45-2-508(E). See generally In re Estate of Seymour, 93 N.”
Seymour v. Davis, 600 P.2d 274 (N.M. 1979). · cites it 5× “They argue that the Legislature’s enactment of the Probate Code, specifically § 45-2-508, N.M.S.A.1978, prior to decedent’s death governs the effect of the divorce.”
Coleman v. Offutt, 718 P.2d 702 (N.M. Ct. App. 1986). · cites it 2× “” NMSA 1978, § 45-2-508(E). See generally In re Estate of Seymour, 93 N.”
N.M. Stat. § 45-2-508(E): 2 cases
Matter of Est. of Coleman, 718 P.2d 702 (N.M. Ct. App. 1986). “" NMSA 1978, § 45-2-508(E). See generally In re Estate of Seymour, 93 N.”
Coleman v. Offutt, 718 P.2d 702 (N.M. Ct. App. 1986). “” NMSA 1978, § 45-2-508(E). See generally In re Estate of Seymour, 93 N.”
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