LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

[// GUIDANCE: This template is designed for use under New Mexico law. All bracketed items require attorney customization before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Revocation of Prior Instruments
   3.2 Family Status Declaration
   3.3 Appointment of Personal Representative
   3.4 Payment of Debts, Expenses, and Taxes
   3.5 Specific Bequests
   3.6 Residuary Clause
   3.7 Guardianship of Minor Children
   3.8 Contingent Trust for Minor Beneficiaries (Optional)
4. No-Contest Provision
5. Fiduciary Powers & Indemnification
6. Governing Law & Forum
7. General Provisions
8. Execution Block (Signature, Witness Attestation, Self-Proving Affidavit)

1. DOCUMENT HEADER

1.1 Title
This instrument is the “Last Will and Testament” (this “Will”) of [TESTATOR FULL LEGAL NAME] (“Testator”), dated as of [MONTH] [DAY], [YEAR] (the “Effective Date”).

1.2 Capacity & Intent
Testator declares that Testator is of sound mind, is not acting under duress, menace, fraud, or undue influence, and intends this document to dispose of Testator’s property at death in accordance with § 45-2-502 NMSA 1978.

1.3 Domicile
Testator is domiciled in [COUNTY] County, New Mexico and elects that this Will be governed by the substantive probate law of the State of New Mexico.

2. DEFINITIONS

For purposes of this Will, the following terms have the meanings set forth below:

“Child” or “Children” means each natural or legally adopted child of Testator, whether born before or after the Effective Date, and their descendants by right of representation.

“Descendants” means lineal descendants of any degree.

“Estate” means all property, real and personal, tangible and intangible, that is subject to Testator’s testamentary disposition at death.

“Personal Representative” means the individual or corporate fiduciary appointed under Section 3.3, together with any duly qualified successor or alternate.

“Residue” means all Estate property not effectively disposed of under Sections 3.5 or 3.7.

3. OPERATIVE PROVISIONS

3.1 Revocation of Prior Instruments

I hereby revoke all prior wills and codicils.

3.2 Family Status Declaration

Testator is married to [SPOUSE NAME] (“Spouse”).
Children:
1. [CHILD 1 NAME, DOB]
2. [CHILD 2 NAME, DOB]
[// GUIDANCE: Insert “None” if applicable.]

3.3 Appointment of Personal Representative

a. Primary Appointment. I nominate [PRIMARY EXECUTOR NAME] of [CITY, STATE] to serve as Personal Representative.

b. Successor Appointment. If the primary nominee is unable or unwilling to serve, I nominate [ALTERNATE EXECUTOR NAME] of [CITY, STATE].

c. Bond. No bond shall be required of any Personal Representative unless ordered by the court.

3.4 Payment of Debts, Expenses, and Taxes

a. Expenses. My Personal Representative shall first pay (i) expenses of my last illness and funeral, (ii) costs of estate administration, and (iii) valid enforceable debts.

b. Taxes. All estate, inheritance, and similar taxes payable by reason of my death shall be paid from the Residue without apportionment, unless otherwise directed herein or by applicable law.

3.5 Specific Bequests

I give the following property, free and clear of all encumbrances, to the beneficiaries named:

[// GUIDANCE: Delete table or expand as required.]

3.6 Residuary Clause

I devise and bequeath the Residue of my Estate, in equal shares, to my [Spouse / Children / other beneficiaries].
If any residuary beneficiary predeceases me leaving Descendants who survive me, such Descendants shall take the share their parent would have taken, per stirpes. If no residuary beneficiary survives me, the Residue shall pass to my heirs at law as determined under New Mexico intestacy statutes.

3.7 Guardianship of Minor Children

If, at the time of my death, I am the surviving parent of a minor Child, I nominate [GUARDIAN NAME] as guardian of the person and estate of such minor Child. I nominate [ALTERNATE GUARDIAN NAME] as alternate guardian.

3.8 Contingent Trust for Minor Beneficiaries (Optional)

a. Creation. If any distribution becomes payable to a beneficiary who is under the age of [AGE, e.g., 25], that share shall be held in trust (“Minor’s Trust”) by the Personal Representative (acting as Trustee) until the beneficiary reaches such age.

b. Trustee Powers. The Trustee shall have all powers granted under New Mexico’s Uniform Trust Code and those set forth in Section 5.2 below.

c. Distribution Standards. The Trustee may distribute principal and income for the health, education, maintenance, or support of the minor beneficiary, considering other resources reasonably available to the beneficiary.

d. Termination. Upon the beneficiary’s attainment of the specified age, the Trustee shall distribute the remaining trust property outright.

4. NO-CONTEST PROVISION

If any beneficiary (directly or indirectly) contests or seeks to invalidate this Will or any disposition under it, any share to which that beneficiary would otherwise be entitled shall lapse and pass as part of the Residue as though such beneficiary had predeceased me.

5. FIDUCIARY POWERS & INDEMNIFICATION

5.1 Exculpation & Indemnity

To the fullest extent permitted by law, no Personal Representative or Trustee shall be liable for any act or omission made in good faith. All such fiduciaries shall be indemnified from and limited in liability to the assets of my Estate and any trust created hereunder (collectively, the “Liability Cap”).

5.2 Enumerated Powers

Without limiting general fiduciary powers under New Mexico law, my fiduciaries may:

a. Retain, sell, lease, or exchange Estate property;
b. Invest in any kind of property or security, including mutual funds and ETFs;
c. Borrow money and encumber Estate property;
d. Make tax elections and allocations;
e. Employ and compensate professionals; and
f. Take all other actions reasonably necessary to administer the Estate or any trust.

6. GOVERNING LAW & FORUM

This Will and all disputes arising hereunder shall be governed by and construed in accordance with the probate law of the State of New Mexico. Exclusive jurisdiction and venue shall lie in the [COUNTY] County Probate Court (or other court of competent probate jurisdiction) sitting in New Mexico. Arbitration is expressly disclaimed.

7. GENERAL PROVISIONS

7.1 Severability
If any provision of this Will is held invalid, the remaining provisions shall be enforceable to the maximum extent possible.

7.2 Headings
Section headings are for convenience only and shall not affect interpretation.

7.3 Gender & Number
Words of any gender include all genders; words in the singular include the plural and vice versa.

7.4 Counterparts & Electronic Copies
This Will may be executed in counterparts, each of which is deemed an original. Photographic, PDF, or other electronic copies of a signed counterpart shall be acceptable for all purposes.

8. EXECUTION BLOCK

8.1 Testator Signature

IN WITNESS WHEREOF, I, [TESTATOR NAME], have signed this Will on the date set forth below.

[TESTATOR NAME], Testator
Date: ___ / ___ / ______

8.2 Witness Attestation

We, the undersigned witnesses, each declare that on the date written below, Testator, who is personally known to us, declared the foregoing instrument to be Testator’s Last Will and Testament, signed it (or acknowledged a prior signature) in our presence, and we sign below as witnesses in Testator’s presence and in the presence of each other.

[// GUIDANCE: New Mexico requires two disinterested witnesses who are at least 18 years old and competent. See § 45-2-502 NMSA 1978.]

8.3 Self-Proving Affidavit (Optional but Recommended)

STATE OF NEW MEXICO )
: ss. )
COUNTY OF ____ )

We, [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], whose names are signed to the foregoing instrument, being first duly sworn, declare to the undersigned authority that the Testator executed the instrument as Testator’s Last Will and Testament, that Testator signed (or acknowledged signing) the Will in our presence, that we each signed the Will as witnesses in the presence of Testator and each other, that Testator was eighteen (18) years of age or older and of sound mind, and that to the best of our knowledge Testator was not acting under duress, fraud, or undue influence.

[TESTATOR NAME], Testator

[WITNESS #1 NAME], Witness

[WITNESS #2 NAME], Witness

Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], and witnessed by [WITNESS #1 NAME] and [WITNESS #2 NAME], this ___ day of _, 20.

Notary Public
My Commission Expires: ____

[// GUIDANCE: A properly executed self-proving affidavit satisfies § 45-2-504 NMSA 1978 and speeds probate by eliminating the need for live witness testimony.]

[// GUIDANCE:
1. Review all beneficiary designations for tax consequences.
2. Confirm consistency with non-probate transfers (e.g., TOD deeds, POD accounts).
3. Advise clients to store the original Will in a secure but accessible location and to inform the Personal Representative of its whereabouts.
4. Consider complementary documents: power of attorney, advance healthcare directive, HIPAA authorization.]

End of Document