RSA 551:2 · Requirements

551:2 Requirements. –

Copy link

I.

To be valid, a will or codicil to a will shall:

Copy link

(a)

Be made by a testator qualifying under RSA 551:1; and

Copy link

(b)

Be in writing; and

Copy link

(c)

Be signed by the testator, or by some person at his or her express direction in his or her presence; and

Copy link

(d)

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.

Copy link

II.

No seal shall be required. These requirements shall apply to all wills executed on or after January 1, 1993.

Copy link

III.

(a) For the purposes of this chapter, a person attesting a will or codicil as a witness shall be deemed in the presence of the testator if the witness, the testator, the other witness or witnesses, as the case may be, and a notarial officer who is (1) the attorney, licensed to practice law in New Hampshire and in good standing, who drafted the will or codicil; (2) another attorney, licensed to practice law in New Hampshire and in good standing, under the drafting attorney's supervision; or (3) a paralegal under the supervision of either such attorney, can communicate simultaneously by sight and sound through an electronic device or process at the time all of them sign the will or codicil, which may be signed in multiple counterparts. A witness need not be physically present within the state of New Hampshire at the time the witness attests to the testator's signature.

Copy link

(b)

Nothing in this paragraph shall be deemed to allow an electronic will or codicil. This paragraph shall apply only to wills executed on or after March 23, 2020. Source. RS 156:6. 1848, 726:1. CS 165:6. GS 174:6. GL 193:6. 1887, 64:1, 2. PS 186:2. PL 297:2. RL 350:2. 1943, 93:2. RSA 551:2. 1983, 255:1. 1985, 200:1. 1992, 284:60, eff. Jan. 1, 1993. 2020, 17:12, eff. July 17, 2020. 2021, 206:2, Pt. II, Sec. 11, eff. Aug. 10, 2021.

Copy link