What are the requirements for a valid will?

In New Hampshire, the legal requirements for a valid will are fairly straightforward. First, the individual must be 18 years of age or older. Secondly, the will must be in writing and signed by the person making the will (also known as the ‘testator’). There also must be two witnesses who are present when the testator signs the will and they must also sign the will. Witnesses must be at least 18 years old and cannot benefit from the will. The testator must also have testamentary capacity, which means the testator is of sound mind and understands what they are doing. Additionally, the will must be revocable, meaning that the testator has the right to revoke or change the will at any time. Finally, the will must comply with the New Hampshire Probate Code. It is important to note that in New Hampshire, a will does not need to be notarized to be valid. If the will does not meet all of the legal requirements, it may not be considered valid. Furthermore, in New Hampshire, it is possible for a person to make a “holographic” will, which is a will that is written and signed entirely in the handwriting of the testator. In summary, for a will to be valid in New Hampshire, it must be in writing, signed by the testator and two witnesses, and conform to the state’s Probate Code. The testator must also be of sound mind when they sign the will, and the will must be revocable. Additionally, it is possible for a holographic will to be valid in New Hampshire without being notarized.

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