Summary of New Hampshire's Will Requirements:
|Minimum Age to Make a Will||181|
|Written Document Required||Yes|
|Nuncupative Wills (Oral)||No|
|Holographic Wills (Hand-Written, Unwitnessed)||No|
|Number of Witnesses Required||2|
|Statutory Form for Self-Proving Affidavit||Yes|
Statutes Governing New Hampshire's Will Requirements:
Every person of the age of eighteen years and married persons under that age, of sane mind, may devise and dispose of their property, real and personal, and of any right or interest they may have in any property, by their last will in writing.
To be valid, a will or codicil to a will shall:
I. Be made by a testator qualifying under RSA 551:1; and
II. Be in writing; and
III. Be signed by the testator, or by some person at his or her express direction in his or her presence; and
IV. Be signed by 2 or more credible witnesses, who shall, at the request of the testator and in the testator's presence, attest to the testator's signature.
No seal shall be required. These requirements shall apply to all wills executed on or after January 1, 1993.
I. To qualify as self-proved, the signatures of the testator and witnesses shall be followed by a sworn acknowledgment made before a notary public or justice of the peace or other official authorized to administer oaths in the place of execution, as follows:
The foregoing instrument was acknowledged before me this __________ (day) by ___, the testator; ___ and ___, the witnesses, who under oath do swear as follows:
1. The testator signed the instrument as the testator's will or expressly directed another to sign for the testator.
2. This was the testator's free and voluntary act for the purposes expressed in the will.
3. Each witness signed at the request of the testator, in the testator's presence, and in the presence of the other witness.
4. To the best of my knowledge, at the time of the signing the testator was at least 18 years of age, or if under 18 years was a married person, and was of sane mind and under no constraint or undue influence.
II. Any will meeting the requirements of RSA 551-A shall also qualify as self-proved and shall be allowed as such by the probate court.
Any beneficial device or legacy made or given in a will to a subscribing witness thereto or to the wife or husband of such a witness shall be void unless there be 2 other subscribing witnesses, and such subscribing witness shall be a competent witness thereto; but a provision therein for the payment of a debt shall not be void nor disqualify the creditor as a witness thereto.
No will nor any part thereof shall be holden invalid, nor any witness thereto incompetent, by reason of any or all of the witnesses being, at the time of the execution or of the probate thereof, members of a corporation to which a devise or legacy is therein given.
Will made outside the state
I. A will made out of this state, and valid according to the laws of the state or country where it was executed, may be proved and allowed in this state, and shall thereupon be as effective as it would have been if executed according to the laws of this state.
II. A will made out of this state, and self-proved according to the laws of the state or country where it was executed, is self-proved in this state and shall be allowed as such by the probate court.
A soldier in actual military service, or a mariner or seaman when at sea, may dispose of his movables and personal estate as he might heretofore have done.
No nuncupative will shall be valid where the personal estate bequeathed exceeds in value one hundred dollars, unless declared in the presence of three witnesses who were requested by the testator to bear witness thereto, in his last sickness and in his usual dwelling, except when he was taken sick from home and died before his return; nor unless a memorandum thereof was reduced to writing within six days, and presented for probate within six months from the making thereof.
[Reference - New Hampshire Requirements to Make a Will].