Best Will & Testament Lawyers in New Hampshire

About Will & Testament Law in New Hampshire, United States

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.

Why You May Need a Lawyer

While some individuals opt to draft their own Wills, there are numerous situations where legal assistance becomes invaluable. Common scenarios include:

• Owning significant assets, property, or a business that requires careful distribution
• Having blended families, minor children, or dependents with special needs
• Wishing to disinherit a close relative or make specific, complex bequests
• Uncertainty about meeting New Hampshire's legal requirements for valid Wills
• Concerns about potential Will contests or disputes among beneficiaries
• Ensuring your estate plan aligns with both state and federal tax considerations

A lawyer can help to draft, review, and execute your Will, ensuring it is legally sound, clear, and enforceable.

Local Laws Overview

Will and Testament law in New Hampshire has unique features that anyone writing a Will should understand. Some key points include:

• Age and Capacity: The testator (person making the Will) must be at least 18 years old and of sound mind.
• Witness Requirements: The Will must be signed by the testator and two witnesses who are not beneficiaries.
• Holographic Wills: New Hampshire does not generally accept unwitnessed handwritten Wills unless they meet specific criteria.
• Oral Wills: These are not recognized for estates over a certain value, making a written document essential.
• Executor Appointment: The Will should name an executor responsible for carrying out the testator’s wishes, subject to court approval.
• Probate Process: Most estates in New Hampshire must go through the probate process, where the Will is authenticated and assets distributed.
• Intestacy Laws: If there is no valid Will, state laws determine how your assets are divided, usually prioritizing spouses and children.

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.

Frequently Asked Questions

What happens if I die without a Will in New Hampshire?

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.

Do I need to have my Will notarized in New Hampshire?

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.

Can I change or revoke my Will?

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.

Are handwritten Wills valid in New Hampshire?

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.

Who should serve as my executor?

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.

Can I disinherit someone in my Will?

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.

What assets are not covered by my 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.

How do I ensure my minor children are cared for?

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.

Do I need a lawyer to create a Will in New Hampshire?

While not legally required, consulting a lawyer helps ensure that your Will is valid, clear, and comprehensive, minimizing the risk of disputes or errors.

How often should I update my Will?

You should review your Will after major life changes such as marriage, divorce, births, deaths, significant changes in assets, or relocation.

Additional Resources

If you need more information on Will and Testament matters in New Hampshire, consider checking with:

• New Hampshire Judicial Branch - Probate Division: For probate court forms, rules, and information
• New Hampshire Bar Association: Offers lawyer referral services
• New Hampshire Legal Assistance (NHLA): Provides resources for qualifying low income individuals
• AARP: Offers general guidance on estate planning for seniors
• Local public libraries: Often provide access to legal self-help books and workshops

Next Steps

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.