Will Laws
New Hampshire
Will Laws
New Hampshire
Overview
Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.
Some key terms to keep in mind:
Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.
State Requirements and Will Type Recognition
Code Section
551:1, et seq.
Operative Facts
- Declarant must be a person of sound mind, 18 years old. or older
- document signed voluntarily by declarant
- 2 subscribing witnesses not a spouse or heir at law
- upon request, physician shall made document part of medical record
- effective if person is permanently incapable of participating in decisions about his care
- suggested form ยง137-H:3
- not permitted when physician has knowledge that patient is pregnant
Age of Testator
18 years or older or married and of sound mind
Number of Witnesses Required
Attested and subscribed in testators presence and at request of testator by two or more credible witnesses.
Oral Will Recognition
Not valid where property exceeds in value $100, unless declared in presence of three witnesses, in last sickness, and in his usual dwelling (except where taken sick away from home and died before his return), or unless memo was reduced to writing within 6 days and presented to probate court within 6 months after making; also valid for soldier in actual military service or mariner or seaman at sea; may dispose of movables and personal estate.