45-2-1005. International will; certificate.

344 words·~2 min read·/nm/chapter-45-uniform-probate-code/article-2-intestate-succession-and-wills/45-2-1005·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The authorized person shall attach to the will a certificate to be signed by him establishing that the requirements of Sections 45-2-1101 through 45-2-1110 NMSA 1978 [45-2-1001 to 45-2-1010 NMSA 1978] for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate must be substantially in the following form:

CERTIFICATE

1. I, ________________________ (name, address, and capacity), a person authorized to act in connection with international wills,

2. certify that on __________________

(date)at __________________ (place)

3. (testator) ____ (name, address, date and place of birth) in my presence and that of the witnesses

(a)__________________ (name, address, date and place of birth)

(b)__________________ (name, address, date and place of birth) has declared that the attached document is his will and that he knows the contents thereof.

5. I furthermore certify that:

(a)in my presence and in that of the witnesses

(1)the testator has signed the will or has acknowledged his signature previously affixed;

*(2) following a declaration of the testator stating that he was unable to sign his will for the following reason __________________, I have mentioned this declaration on the will,

*and the signature has been affixed by ______________________________ (name and address);

(b)the witnesses and I have signed the will;

8. *(c) each page of the will has been signed by ______________ and numbered;

(d)I have satisfied myself as to the identity of the testator and of the witnesses as designated above;

10.

(e)the witnesses met the conditions requisite to act as such according to the law under which I am acting;

11. *(f) the testator has requested me to include the following statement concerning the safekeeping of his will:

________________________________________________________________ ________

12. PLACE OF EXECUTION

13. DATE

14. SIGNATURE and, if necessary, SEAL

*to be completed if appropriate.

History: 1978 Comp., § 45-2-1105, enacted by Laws 1992, ch. 66, § 11; recompiled as 1978 Comp., § 45-2-1005 by Laws 1993, ch. 174, § 67.