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New Mexico Statutes

N.M. Stat. § 45-2-517 (2026)

Penalty clause for contest.

✓ current as of May 2026
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A provision in a governing instrument purporting to penalize an interested person for
contesting the governing instrument or instituting other proceedings relating to the
estate is unenforceable if probable cause exists for instituting proceedings.

History: 1978 Comp., § 45-2-517, enacted by Laws 1995, ch. 210, § 13; 2016, ch. 69, §
710.

                                      ANNOTATIONS

The 2016 amendment, effective July 1, 2016, after "contesting", deleted "a" and added
"the", and after "proceedings relating to", deleted "a governing instrument or an" and
added "the".

Application of section. — This section contemplates, for its application, the institution
of a proceeding relating to a will. Redman-Tafoya v. Armijo, 2006-NMCA-011, 138 N.M.
836, 126 P.3d 1200.
Construction of no-contest clauses. — No-contest clauses in wills are, generally,
strictly construed. Redman-Tafoya v. Armijo, 2006-NMCA-011, 138 N.M. 836, 126 P.3d
1200.

PART 6
RULES OF CONSTRUCTION FOR WILLS
Notes of Decisions
Cited in 3 cases, 2005–2018 · leading case: Redman-Tafoya v. Armijo, 126 P.3d 1200 (N.M. Ct. App. 2005).
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Redman-Tafoya v. Armijo, 126 P.3d 1200 (N.M. Ct. App. 2005). · cites it 4× “NMSA 1978, § 45-2-517 (1995). This Probate Code section is based on Section 2-517 of the Uniform Probate Code.”
Jenifer Duncan v. Olga Rawls, 812 S.E.2d 647 (Ga. Ct. App. 2018). · cites it 2× “I am authorized to state that Presiding Judge Barnes joins in this dissent and that Presiding Judge Ellington joins as to its judgment only.”
Klecan v. Santillanes, 643 F. App'x 743 (10th Cir. 2016). “2d at 278 (holding no-contest provisions “are not effective to disinherit a beneficiary who has contested a will in good faith and with probable cause to believe that the will was invalid”); see also N.M. Stat. Ann. § 45-2-517 (codifying probable-cause exception to no-contest…”
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