N.M. Stat. § 46-11-309
Capture doctrine; disposition of ineffectively appointed
property under general power.
To the extent a powerholder of a general power of appointment, other than a power
to withdraw property from, revoke or amend a trust, makes an ineffective appointment:
A. the gift-in-default clause controls the disposition of the ineffectively appointed
property; or
B. if there is no gift-in-default clause or to the extent the clause is ineffective, the
ineffectively appointed property:
(1)
passes to:
(a) the powerholder if the powerholder is a permissible appointee and is
living; or
(b) if the powerholder is an impermissible appointee or deceased, the
powerholder's estate if the estate is a permissible appointee; or
(2)
if there is no taker under Paragraph (1) of this subsection, passes under a
reversionary interest to the donor or the donor's transferee or successor in interest.