560:2-501 Who may make will.
§560:2-501 Who may make will. An individual eighteen or more years of age who is of sound mind may make a will. [L 1996, c 288, pt of §1]
560:2-502 Execution; witnessed wills; holographic wills.
§560:2-502 Execution; witnessed wills; holographic wills. (a) Except as provided in subsection (b) and in sections 560:2-503, 560:2-506, and 560:2-513, a will must be: (1) In writing; (2) Signed by the testator or in the testator’s name by some other individual in the testator’s conscious presence and by the testator’s direction; and (3) Signed by […]
560:2-503 Writings intended as wills, etc.
§560:2-503 Writings intended as wills, etc. Although a document or writing added upon a document was not executed in compliance with section 560:2-502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that […]
560:2-504 Self-proved will.
§560:2-504 Self-proved will. (a) A will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer’s certificate, under official seal, in substantially […]
560:2-505 Who may witness.
§560:2-505 Who may witness. (a) An individual generally competent to be a witness may act as a witness to a will. (b) The signing of a will by an interested witness does not invalidate the will or any provision of it, including any gift to or appointment of the witness. [L 1996, c 288, pt […]
560:2-506 Choice of law as to execution.
§560:2-506 Choice of law as to execution. A written will is valid if executed in compliance with section 560:2-502 or 560:2-503 or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution […]
560:2-507 Revocation by writing or by act.
§560:2-507 Revocation by writing or by act. (a) A will or any part thereof is revoked by: (1) Executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or (2) Performing a revocatory act on the will, if the testator performed the act with the intent and for the purpose […]
560:2-508 Revocation by change of circumstances.
§560:2-508 Revocation by change of circumstances. Except as provided in sections 560:2-803 and 560:2-804, a change of circumstances does not revoke a will or any part of it. [L 1996, c 288, pt of §1]
560:2-509 Revival of revoked will.
§560:2-509 Revival of revoked will. (a) If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under section 560:2-507(a)(2), the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or […]
560:2-510 Incorporation by reference.
§560:2-510 Incorporation by reference. A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. [L 1996, c 288, pt of §1]
560:2-511 Testamentary additions to trusts.
§560:2-511 Testamentary additions to trusts. (a) A will may validly devise property to the trustee of a trust established or to be established: (1) During the testator’s lifetime by the testator, by the testator and some other person, or by some other person, including a funded or unfunded life insurance trust, although the settlor has […]
560:2-512 Events of independent significance.
§560:2-512 Events of independent significance. A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator’s death. The execution or revocation of another […]
560:2-513 Separate writing identifying devise of certain types of tangible personal property.
§560:2-513 Separate writing identifying devise of certain types of tangible personal property. Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under […]
560:2-514 Contracts concerning succession.
§560:2-514 Contracts concerning succession. A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January 1, 1997, may be established only by: (1) Provisions of a will stating material provisions of the contract; (2) An express reference in a will to a […]
560:2-515 Reserved.
§560:2-515 Reserved.
560:2-516 Duty of custodian of will; liability.
§560:2-516 Duty of custodian of will; liability. After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall either deliver it with reasonable promptness to a person able to secure its probate or if none is known, deposit it with an appropriate […]
560:2-517 Penalty clause for contest.
§560:2-517 Penalty clause for contest. A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings. [L 1996, c 288, pt of §1]