A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder:

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Terms Used In New Mexico Statutes 46-11-406

  • Contract: A legal written agreement that becomes binding when signed.
  • Donor: The person who makes a gift.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).

A. is also the donor of the power; and

B. has reserved the power in a revocable trust.