551:1 Testators. – Every person of the age of eighteen years and married persons under that age, of sane mind, may devise and dispose of their property, real and personal, and of any right or interest they may have in any property, by their last will in writing. Source. RS 156:1. CS 158:11; 165:1. […]
[RSA 551:10 effective until January 1, 2023; see also RSA 551:10 set out below.] 551:10 Child Not Named, Etc. – Every child born after the decease of the testator, and every child or issue of a child of the deceased not named or referred to in his will, and who is not a devisee […]
[RSA 551:11 repealed by 2022, 261:2, effective January 1, 2023.] 551:11 Share of Unnamed Child. – If the property not devised nor bequeathed shall be insufficient to satisfy the just share of such child, after allowing advancements received by him, the same shall be made up in just proportion from the property devised or […]
551:12 Heirs of Legatee. – The heirs in the descending line of a legatee or devisee, deceased before the testator, shall take the estate bequeathed or devised, in the same manner the legatee or devisee would have taken it if he had survived. Source. RS 156:11. CS 165:11. GS 174:12. GL 193:12. PS 186:12. […]
551:13 Revocation. – I. Except as provided in paragraph II, no will or clause thereof shall be revoked unless by some other valid will or codicil, or by some writing executed in the same manner, or by canceling, tearing, obliterating or otherwise destroying the same by the testator, or by some person by the […]
551:14 Implied. – The preceding section shall not control or affect any revocation of a will, implied by law, from any change in the circumstances of the testator, or his family, devisees, legatees or estate, occurring between the time of making the will and the death of the testator. Source. RS 156:14. CS 165:14. […]
551:15 Nuncupative Will. – A soldier in actual military service, or a mariner or seaman when at sea, may dispose of his movables and personal estate as he might heretofore have done. Source. RS 156:7. 1848, 726:1. CS 165:7, 16. GS 174:7. GL 193:7. PS 186:16. PL 297:15. RL 350:15.
551:16 Validity. – No nuncupative will shall be valid where the personal estate bequeathed exceeds in value one hundred dollars, unless declared in the presence of three witnesses who were requested by the testator to bear witness thereto, in his last sickness and in his usual dwelling, except when he was taken sick from […]
551:17 Donatio Causa Mortis. – No gift in expectation of death, often called donatio causa mortis, shall be valid, unless the actual delivery of the property to the donee shall be proved by two indifferent witnesses, upon petition of the donee to the judge to establish such gift, filed within sixty days after the […]
551:18 to 551:21 Repealed by 1977, 274:1, eff. Aug. 21, 1977. –
551:2 Requirements. – I. To be valid, a will or codicil to a will shall: (a) Be made by a testator qualifying under RSA 551:1; and (b) Be in writing; and (c) Be signed by the testator, or by some person at his or her express direction in his or her presence; and (d) […]
551:2-a Self-Proved Wills. – I. To qualify as self-proved, the signatures of the testator and witnesses shall be followed by a sworn acknowledgment made before a notary public or justice of the peace or other official authorized to administer oaths in the place of execution, as follows: The foregoing instrument was acknowledged before me […]
551:22 Enforcement of No-Contest Provision. – I. For the purposes of this section, a "no-contest provision" means a provision of a will that, if given effect, would reduce or eliminate the interest of any beneficiary of such will who, directly or indirectly, initiates or otherwise pursues: (a) Any action to contest the admission or […]
551:3 Interested Witness. – Any beneficial device or legacy made or given in a will to a subscribing witness thereto or to the wife or husband of such a witness shall be void unless there be 2 other subscribing witnesses, and such subscribing witness shall be a competent witness thereto; but a provision therein […]
551:4 Corporate Beneficiary. – No will nor any part thereof shall be holden invalid, nor any witness thereto incompetent, by reason of any or all of the witnesses being, at the time of the execution or of the probate thereof, members of a corporation to which a devise or legacy is therein given. Source. […]
551:5 Will Made Outside the State. – I. A will made out of this state, and valid according to the laws of the state or country where it was executed, may be proved and allowed in this state, and shall thereupon be as effective as it would have been if executed according to the […]
551:6 Devise of Real Estate. – Every devise of real estate shall be holden to pass all the estate of the devisor therein, unless it shall appear that it was his intention to pass a less estate. Source. RS 156:4. CS 165:4. GS 174:4. GL 193:4. PS 186:6. PL 297:6. RL 350:6.
551:7 After-Acquired Property. – Any estate, right or interest in real property acquired by the testator after making his will, shall pass thereby, if such shall appear to have been his intention. Source. RS 156:2. CS 165:2. GS 174:2. GL 193:1, 2. PS 186:7. PL 297:7. RL 350:7.
551:8 Limited Estate. – No express devise of an estate for life or other limited estate shall be enlarged or construed to pass any greater estate, by reason of any devise to the heirs or issue of such person. Source. RS 156:5. CS 165:5. GS 174:5. GL 193:5. PS 186:8. PL 297:8. RL 350:8.
551:9 Disseizin. – No devise or bequest of any property shall be defeated by a disseizin or wrongful dispossession thereof by any other person. Source. RS 156:3. CS 165:3. GS 174:3. GL 193:3. PS 186:9. PL 297:9. RL 350:9.
