N.M. Stat. § 45-2-901
Statutory rule against perpetuities.
A. A nonvested property interest is invalid unless:
(1)
when the interest is created, it is certain to vest or terminate no later than
twenty-one years after the death of an individual then alive; or
(2)
the interest either vests or terminates within ninety years after its creation.
B. A general power of appointment not presently exercisable because of a condition
precedent is invalid unless:
(1)
when the power is created, the condition precedent is certain to be
satisfied or to become impossible to satisfy no later than twenty-one years after the
death of an individual then alive; or
(2)
the condition precedent either is satisfied or becomes impossible to satisfy
within ninety years after its creation.
C. A nongeneral power of appointment or a general testamentary power of
appointment is invalid unless:
(1)
when the power is created, it is certain to be irrevocably exercised or
otherwise to terminate no later than twenty-one years after the death of an individual
then alive; or
(2)
the power is irrevocably exercised or otherwise terminates within ninety
years after its creation.
D. In determining whether a nonvested property interest or a power of appointment
is valid under each Paragraph (1) of Subsections A, B and C of this section, the
possibility that a child will be born to an individual after the individual's death shall be
disregarded.
E. If, in measuring a period from the creation of a trust or other property
arrangement, language in a governing instrument (i) seeks to disallow the vesting or
termination of any interest or trust beyond, (ii) seeks to postpone the vesting or
termination of any interest or trust until or (iii) seeks to operate in effect in any similar
fashion upon, the later of (1) the expiration of a period of time not exceeding twenty-one
years after the death of the survivor of specified lives in being at the creation of the trust
or other property arrangement or (2) the expiration of a period of time that exceeds or
might exceed twenty-one years after the death of the survivor of lives in being at the
creation of the trust or other property arrangement, that language is inoperative to the
extent it produces a period of time that exceeds twenty-one years after the death of the
survivor of the specified lives.