New Mexico Statutes

N.M. Stat. § 45-2-510 (2026)

Incorporation by reference.

✓ current as of May 2026

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A writing in existence when a will is executed may be incorporated by reference if
the language of the will manifests this intent and describes the writing sufficiently to
permit its identification.

History: 1953 Comp., § 32A-2-510, enacted by Laws 1975, ch. 257, § 2-510; 1993, ch.
174, § 33.

                                     ANNOTATIONS

The 1993 amendment, effective July 1, 1993, substituted "A writing" for "Any writing" at
the beginning of this section.

Oral testimony cannot remedy will's defects. — Since it is undisputed that the
decedent failed in his will to leave written, signed instructions identifying his intended
beneficiaries, extrinsic, oral testimony was not admissible to rectify defects in the will
itself or to overcome the decedent's failure to leave other proper written instructions
concerning his beneficiaries. In re Estate of Boyer, 1994-NMCA-005, 117 N.M. 74, 868
P.2d 1299.
Law reviews. — For article, "Intestate Succession and Wills Law: The New Probate
Code," see 6 N.M.L. Rev. 25 (1975).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Wills §§ 199 to 209.

Letter as a will or codicil, 54 A.L.R. 917, 40 A.L.R.2d 698.

Notation on note or securities as a will or codicil, 62 A.L.R. 292.

94 C.J.S. Wills §§ 161, 163.

Notes of Decisions

Cited in 3 cases, 1994–2014 · leading case: Macias v. New Mexico Dep't of Labor, 300 F.R.D. 529 (D.N.M. 2014).

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Macias v. New Mexico Dep't of Labor, 300 F.R.D. 529 (D.N.M. 2014). “1978, § 45-2-510 (“A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.”

Matter of Est. of Boyer, 868 P.2d 1299 (N.M. Ct. App. 1994). · cites it 2× “1982) (unless will itself is ambiguous, extrinsic evidence is not admissible to supplement language of will); NMSA 1978, § 45-2-510 (Repl.Pamp.1989) ("Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this…”

Boyer v. Morrison, 868 P.2d 1299 (N.M. Ct. App. 1994). · cites it 2× “1982) (unless will itself is ambiguous, extrinsic evidence is not admissible to supplement language of will); NMSA 1978, § 45-2-510 (Repl.Pamp.1989) (“Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests "this…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.