A New Mexico Agreement to Execute Mutual or Joint and Mutual Will by Husband and Wife with Estate to Survivor is a legal document that allows spouses in New Mexico to establish their intentions regarding the distribution of their assets upon death. This type of agreement is commonly referred to as the "New Mexico Mutual Will Agreement" or the "New Mexico Joint and Mutual Will Agreement." In this agreement, the husband and wife mutually confirm their commitment to execute identical wills that mirror each other's terms and provisions. The central concept of this agreement is that both spouses reciprocally promise not to change or revoke their wills without the other's written consent. The primary goal of this agreement is to ensure that the surviving spouse will inherit the entirety of the joint estate upon the death of the first spouse, regardless of any subsequent changes made to either party's individual will. By entering into this agreement, the couple intends to establish a legally binding commitment to provide for the surviving spouse, while still maintaining some flexibility for future provisions. Some key elements and provisions that may be included in a New Mexico Agreement to Execute Mutual or Joint and Mutual Will by Husband and Wife with Estate to Survivor are: 1. Identical Wills: The agreement specifies that both spouses will execute wills that are identical in their terms and provisions. This ensures consistency in the distribution of assets and eliminates the possibility of conflicting instructions. 2. No Changes Without Consent: The agreement states that neither spouse can alter nor revoke their wills without obtaining the written consent of the other spouse. This provision provides the surviving spouse with security, knowing that their rights and entitlements are protected. 3. Assets Passing to Survivor: The agreement confirms that upon the death of the first spouse, the entire joint estate will pass directly to the surviving spouse. This provision ensures that the surviving spouse will inherit the entirety of the estate, regardless of any subsequent changes made to the will of the deceased spouse. 4. Revocation upon Divorce: The agreement may have a provision stating that it will be automatically revoked upon the divorce or legal separation of the spouses. This ensures that each party has the freedom to make individual testamentary decisions if their marriage ends. 5. Legal Enforceability: The agreement should specify that it is legally binding and enforceable under New Mexico state law. This ensures that the intentions expressed in the agreement will be upheld in the event of any disputes or challenges. It is important to note that this description provides a general overview of a New Mexico Agreement to Execute Mutual or Joint and Mutual Will by Husband and Wife with Estate to Survivor. It is always recommended consulting with an attorney for specific guidance and to ensure that the agreement complies with the relevant state laws and requirements.