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Browse our 3 legal questions about Will & Testament in United States and the lawyer answers, or ask your own questions for free.
A Will, also known as a Last Will and Testament, is a legal document that details how a person wishes their property, assets, and minor children to be cared for or distributed after their death. In New Hampshire, Wills must follow specific legal requirements to be valid. Creating a Will not only ensures your wishes are honored but also simplifies the probate process for your loved ones. Understanding Will and Testament law in New Hampshire is crucial for anyone looking to protect their legacy and provide for those they care about.
While some individuals opt to draft their own Wills, there are numerous situations where legal assistance becomes invaluable. Common scenarios include:
A lawyer can help to draft, review, and execute your Will, ensuring it is legally sound, clear, and enforceable.
Will and Testament law in New Hampshire has unique features that anyone writing a Will should understand. Some key points include:
Understanding and complying with New Hampshire’s specific legal requirements is crucial for your Will to be valid and to ensure your wishes are honored.
If you die without a Will, your estate is distributed according to New Hampshire’s intestate succession laws. Typically, your assets go to your closest relatives, starting with your spouse and children.
Notarization is not required for the Will itself, but you can make your Will self-proving by including an affidavit signed before a notary. This can speed up the probate process.
Yes, you can revoke or amend your Will at any time by creating a new Will or adding a codicil. Destroying the old Will also revokes it.
Handwritten Wills, also called holographic Wills, are only valid if they meet all statutory requirements, including witness signatures. It is safer to have a typed, properly witnessed document.
Your executor should be someone you trust who is organized and can handle financial and legal duties. While the court must approve your choice, you can nominate anyone over 18.
You may disinherit most individuals, but New Hampshire law protects spouses to a degree. A spouse can claim an elective share of the estate, even if not named in the Will.
Assets with named beneficiaries, such as life insurance or retirement accounts, and property held jointly with right of survivorship are not controlled by your Will.
In your Will, you can nominate a guardian for your children under 18. The court will give significant weight to your choice when appointing a guardian.
While not legally required, consulting a lawyer helps ensure that your Will is valid, clear, and comprehensive, minimizing the risk of disputes or errors.
You should review your Will after major life changes such as marriage, divorce, births, deaths, significant changes in assets, or relocation.
If you need more information on Will and Testament matters in New Hampshire, consider checking with:
If you are considering creating or updating a Will in New Hampshire, start by gathering information about your assets and considering your wishes for distribution. Make a list of individuals or organizations you want to include, and any specific bequests or guardianships. For more complex situations or to ensure your Will is legally valid, consult with an attorney who specializes in estate planning.
Schedule a consultation to discuss your situation, understand your legal options, and draft a Will that reflects your wishes and complies with New Hampshire law. Keeping your Will updated and properly stored will give peace of mind to both you and your loved ones.
