Complex Will with Trust - New Hampshire

COMPLEX LAST WILL AND TESTAMENT

with Integrated Testamentary Trust

State of New Hampshire

NEW HAMPSHIRE EXECUTION NOTICE

RSA 551:2 requires a written will signed by the Testator, or by another person at the Testator's express direction and in the Testator's presence, and attested at the Testator's request and in the Testator's presence by at least two credible witnesses. This form assumes an in-person ceremony and uses the statutory self-proving acknowledgment in RSA 551:2-a. The remote-presence procedure in RSA 551:2, III requires a participating New Hampshire attorney or supervised paralegal and does not authorize an electronic will.

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Testamentary Dispositions (Operative Provisions)
   3.1 Revocation of Prior Instruments
   3.2 Family Identification
   3.3 Appointment of Personal Representative
   3.4 Payment of Debts, Expenses, and Taxes
   3.5 Specific, Demonstrative, and General Bequests
   3.6 Residuary Disposition to Trust

4. Testamentary Trust Provisions
   4.1 Creation and Name of Trust
   4.2 Intent; Separate Share Accounting
   4.3 Trustee Appointment, Acceptance, and Succession
   4.4 Trustee Powers and Duties
   4.5 Fiduciary Standards and Reports
   4.6 Beneficiary Classes and Distribution Standards
   4.7 Spendthrift Provision
   4.8 Termination and Final Distribution

5. Risk Allocation

6. Dispute Resolution
7. General Provisions
8. Execution, Attestation, and Self-Proving Affidavit

1. DOCUMENT HEADER

This Last Will and Testament (the “Will”) is executed on this ___ day of __________, 20___ (the “Effective Date”), by [TESTATOR FULL LEGAL NAME], residing at [TESTATOR ADDRESS] (the “Testator”), to dispose of Testator’s property at death, nominate fiduciaries, and create a testamentary trust to be administered in accordance with the laws of the State of New Hampshire.

2. DEFINITIONS

For purposes of this Will, the following terms have the meanings set forth below:

“Administration Expenses” – All costs, debts, and obligations of Testator’s estate, including, without limitation, funeral expenses, estate taxes, and expenses of administration.
“Code” – The Internal Revenue Code of 1986, as amended.
“Descendants” – [INSERT A COUNSEL-REVIEWED DEFINITION, INCLUDING ADOPTION AND THE INTENDED METHOD OF REPRESENTATION.]
“Discretionary Distribution” – A distribution the Trustee may make, but is not required to make, in the Trustee’s sole and absolute discretion.
“Fiduciary” – Each Personal Representative, Trustee, Co-Trustee, or Successor Trustee serving under this Will.
“Personal Representative” – The person or institution appointed in Section 3.3.
“Primary Beneficiary(ies)” – The individual(s) identified in Section 4.6(A).
“Residue” – All probate property remaining after satisfaction of Sections 3.4 and 3.5.
“Trust” – The testamentary trust established under Article 4 and any separate share or resulting trust created thereunder.
“Trustee” – The individual or corporate trustee appointed under Section 4.3.

3. TESTAMENTARY DISPOSITIONS (OPERATIVE PROVISIONS)

3.1 Revocation of Prior Instruments

I revoke all prior wills and codicils. RSA 551:13 governs revocation by a later instrument or permitted physical act and the effect of divorce or annulment on specified provisions.

3.2 Family Identification

I am currently [MARRIED/UNMARRIED] to [SPOUSE NAME] (the “Spouse”).
I have the following children: [CHILD NAME(S)].

[INSERT COUNSEL-REVIEWED DIRECTIONS FOR AFTER-BORN, AFTER-ADOPTED, LIVING, DECEASED, OR INTENTIONALLY OMITTED CHILDREN.]

3.3 Appointment of Personal Representative

A. Initial Appointment. I appoint [PRIMARY PERSONAL REPRESENTATIVE] as Personal Representative.
B. Successors. If the initial appointee does not serve, I appoint [SUCCESSOR PERSONAL REPRESENTATIVE], followed by [FURTHER SUCCESSOR].
C. Powers. Subject to fiduciary duties, this Will, and court supervision required by law, the Personal Representative may exercise the powers conferred on an executor or other fiduciary administering a will by RSA 564-B:8-816(d).

3.4 Payment of Debts, Expenses, and Taxes

A. Expenses and Claims. The Personal Representative shall pay enforceable expenses and claims in the order and manner required by applicable law.
B. Tax Direction. Estate, inheritance, generation-skipping, and other transfer taxes shall be allocated as follows:

[INSERT A NEW-HAMPSHIRE-COUNSEL-REVIEWED TAX APPORTIONMENT DIRECTION OR “APPORTION AS PROVIDED BY APPLICABLE LAW.”]

3.5 Specific, Demonstrative, and General Bequests

A. Tangible Personal Property. New Hampshire Chapter 551 contains no UPC-style separate-writing safe harbor for a later tangible-personal-property list. I give my tangible personal property as follows:

1. [ITEM OR CATEGORY] to [RECIPIENT].
2. [ITEM OR CATEGORY] to [RECIPIENT].
3. All remaining tangible personal property to [RECIPIENT / RESIDUARY TRUST].

B. Specific Bequests.

1. [BENEFICIARY NAME] – [DESCRIPTION OF PROPERTY OR AMOUNT].
2. […]
   C. Survival and Substitution. Each gift is subject to the survival period in Section 7.B and passes [TO DESCENDANTS / AN ALTERNATE RECIPIENT / INTO THE RESIDUE] if the named recipient does not survive.

3.6 Residuary Disposition to Trust

I give the Residue to the Trustee of the testamentary Trust created in Article 4, to be held, managed, and distributed under this Will.

4. TESTAMENTARY TRUST PROVISIONS

4.1 Creation and Name of Trust

Upon my death, I create by this Will the “[TESTATOR NAME] Testamentary Trust” under RSA 564-B:4-401. Article 4 is intended to state the intent, beneficiaries, Trustee duties, and other requirements identified in RSA 564-B:4-402.

4.2 Intent; Separate Share Accounting

A. Intent. The Trust is intended to:

1. Provide for the health, education, maintenance, and support (“HEMS”) of my descendants;
2. Preserve assets for future generations; and
3. Provide the Trustee the discretion stated in this Will, subject to fiduciary duties and mandatory law.
   B. Separate Shares. The Trustee shall maintain separate fractional shares for each Primary Beneficiary, except as otherwise provided in Section 4.6(C).

4.3 Trustee Appointment, Acceptance, and Succession

A. Initial Trustee: [INITIAL TRUSTEE NAME].
B. Successor Trustee: [SUCCESSOR TRUSTEE NAME]; if unable or unwilling, [FURTHER SUCCESSOR].
C. Acceptance. A designated Trustee accepts by the method in this Will or another method permitted by RSA 564-B:7-701.
D. Vacancy. A vacancy shall be filled in the order stated in RSA 564-B:7-704, beginning with the successors named in this Will.
E. Resignation. A Trustee may resign on at least 30 days' notice to the persons identified in RSA 564-B:7-705 or with court approval.
F. Removal. Removal is governed by RSA 564-B:7-706.

4.4 Trustee Powers and Duties

A. General and Specific Powers. Subject to fiduciary duties and this Will, the Trustee may exercise without court authorization the general powers in RSA 564-B:8-815 and the specific powers in RSA 564-B:8-816, including powers to acquire, sell, lease, borrow, pledge, insure, settle claims, make tax elections, employ professionals, and distribute property in cash or in kind.
B. Dispute Resolution Power. RSA 564-B:8-816(a)(23) permits the Trustee to resolve a dispute concerning interpretation or administration through mediation, arbitration, or another alternative-dispute-resolution procedure, subject to this Will and applicable law.
C. Fiduciary Character. Every exercise of power remains subject to the duties prescribed by New Hampshire law.

4.5 Fiduciary Standards and Reports

A. Administration. The Trustee shall administer, invest, manage, and distribute Trust property in good faith under RSA 564-B:8-801, solely in the Beneficiaries' interests under RSA 564-B:8-802, impartially under RSA 564-B:8-803, and with reasonable care, skill, and caution under RSA 564-B:8-804.
B. Prudent Investing. Investment and management are governed by RSA 564-B:9-901 and RSA 564-B:9-902.
C. Information and Reports. The Trustee shall provide the information, notices, and reports required by RSA 564-B:8-813, including reports at least annually and at termination to the persons identified there unless the terms of the Trust validly provide otherwise.

4.6 Beneficiary Classes and Distribution Standards

A. Primary Beneficiaries. Each child of mine then living, and the Descendants [BY REPRESENTATION / IN SPECIFIED SHARES] of any deceased child.
B. Distributions During Lifetime of Primary Beneficiary. The Trustee may make Discretionary Distributions for HEMS. The Trustee may consider external resources but is not required to equalize distributions among beneficiaries.
C. Termination. A Primary Beneficiary’s share shall terminate upon the earliest to occur of:

1. That beneficiary attaining age [AGE, e.g., 30]; or
2. The Trust corpus for that beneficiary falling below [$THRESHOLD], in which event the Trustee shall distribute outright.

4.7 Spendthrift Provision

Each Beneficiary's interest is held subject to a spendthrift trust. A Beneficiary may not transfer the interest in violation of this provision, and a creditor or assignee may not reach the interest or a distribution before receipt except as RSA 564-B:5-502 otherwise provides.

4.8 Termination and Final Distribution

Upon the death of the last Primary Beneficiary, or upon earlier termination under Section 4.6(C), the remaining Trust property shall be distributed [BY REPRESENTATION / IN SPECIFIED SHARES] to [REMAINDER BENEFICIARIES], or, if none, to [TAKERS-IN-DEFAULT].

5. RISK ALLOCATION

A. Exculpation. No term of this Will relieves the Trustee of liability for a breach committed in bad faith or with reckless indifference to the Trust's purposes or the Beneficiaries' interests, or if inserted through the abuse described in RSA 564-B:10-1008.
B. Personal Liability. RSA 564-B:10-1010 governs the Trustee's personal liability on fiduciary contracts, torts, and obligations arising from ownership or control of Trust property. This Will does not impose a blanket Trust-asset liability cap.
C. Indemnification. Reimbursement or indemnification from Trust property is available only as authorized by this Will and applicable law and may not operate as an unenforceable exculpatory term.
D. Insurance. Under RSA 564-B:8-816(a)(11), the Trustee may insure the Trustee against liability arising from administration, with premiums payable from Trust property.
E. Breach and Remedies. A violation by the Trustee of a duty owed to a Beneficiary is a breach of trust. A person with standing may request the remedies in RSA 564-B:10-1001, including performance, an accounting, redress by payment or restoration, injunction, suspension, removal, appointment of a special fiduciary, or other appropriate relief.

6. DISPUTE RESOLUTION

A. Governing Law. This Will and the Trust shall be construed and enforced in accordance with the laws of the State of New Hampshire.
B. Court and Venue. RSA 547:3 grants the probate court exclusive jurisdiction over probate of wills and the specified estate and trust matters. RSA 564-B:2-203 grants the Probate Division of the Circuit Court the trust jurisdiction stated there, and RSA 564-B:2-204 governs venue.
C. Alternative Dispute Resolution. This Will does not require ADR. The Trustee may use mediation, arbitration, or another procedure to the extent authorized by RSA 564-B:8-816(a)(23). Any mandatory nonjudicial procedure must comply with RSA 564-B:1-111A.
D. Trial Rights. This Will does not waive any trial right supplied by applicable law.
E. Injunctive Relief. The probate court may grant an injunction as authorized by RSA 547:3-b and RSA 564-B:10-1001.

7. GENERAL PROVISIONS

A. No-Contest Clause. [OPTIONAL COUNSEL-REVIEWED CLAUSE] Any no-contest provision must be applied subject to RSA 551:22, including its invalidity, fiduciary-breach, construction, settlement, charitable-interest, and other statutory exceptions.
B. Survivorship Requirement. Except where this Will expressly provides otherwise, a Beneficiary must be established by clear and convincing evidence to have survived me by 120 hours. This direction is consistent with RSA 563:2 and the governing-instrument exception in RSA 563:6, II.
C. Digital Assets. Subject to any controlling online-tool direction under RSA 554-A:4 and other applicable law, I expressly consent to disclosure to my Personal Representative and Trustee of the content of my electronic communications and my other digital assets to the fullest extent permitted by RSA 554-A:7 through RSA 554-A:15. Each Fiduciary remains subject to the duties and limits in RSA 554-A:15.
D. Nonprobate Arrangements. This Will does not by itself change beneficiary designations, survivorship ownership, transfer-on-death arrangements, or other governing instruments.
E. Severability. If any provision is held invalid, the remaining provisions shall remain fully enforceable.
F. Headings. Headings are for convenience only and do not affect interpretation.
G. Amendment and Revocation. Before death, I may amend or revoke this Will only through a method permitted by RSA 551:13 and other applicable law.

8. EXECUTION, ATTESTATION, AND SELF-PROVING AFFIDAVIT

IN WITNESS WHEREOF, I, [TESTATOR NAME], have set my hand on the date first written above, declaring this instrument to be my Last Will and Testament.

_____________________________
[TESTATOR NAME], Testator

ATTESTATION

At the request of [TESTATOR NAME], and in the Testator's presence, we attest the Testator's signature to this Will. We sign in the presence of the Testator and each other for purposes of the self-proving acknowledgment below.

1. _____________________________
   [WITNESS #1 NAME]
   Address: _____________________

2. _____________________________
   [WITNESS #2 NAME]
   Address: _____________________

SELF-PROVING AFFIDAVIT

State of New Hampshire
County of __________

The foregoing instrument was acknowledged before me this __________ day of __________, 20___, by [TESTATOR NAME], the Testator, and [WITNESS 1 NAME] and [WITNESS 2 NAME], the witnesses, who under oath swear as follows:

1. The Testator signed the instrument as the Testator's Will or expressly directed another to sign for the Testator.
2. This was the Testator's free and voluntary act for the purposes expressed in the Will.
3. Each witness signed at the request of the Testator, in the Testator's presence, and in the presence of the other witness.
4. To the best of each witness's knowledge, at the time of signing the Testator was at least 18 years of age, or if under 18 years was a married person, and was of sane mind and under no constraint or undue influence.

________________________________
Signature of Notary Public / Justice of the Peace

Official Capacity: ______________________________

ATTORNEY REVIEW CHECKLIST

☐ Confirm marital status, family definitions, omitted-family treatment, and substitute gifts.

☐ Add any guardian nomination after review of current New Hampshire guardianship law and family circumstances.

☐ Insert a tax-apportionment direction suited to the Testator's probate and nonprobate assets.

☐ Confirm every specific gift, survival condition, Trust share, distribution standard, age, and remainder Beneficiary.

☐ Confirm Personal Representative and Trustee succession, eligibility, compensation, bond, and conflicts.

☐ Coordinate digital-asset consent with every controlling online-tool direction and terms-of-service agreement.

☐ Conduct the RSA 551:2 and RSA 551:2-a execution and self-proving ceremony without later dispositive insertions.

SOURCES AND REFERENCES

• New Hampshire General Court, RSA Chapter 551 — Wills
• New Hampshire General Court, RSA Chapter 563 — Uniform Simultaneous Death Act
• New Hampshire General Court, RSA Chapter 547 — Probate Jurisdiction
• New Hampshire General Court, RSA Chapter 564-B — New Hampshire Trust Code
• New Hampshire General Court, RSA Chapter 554-A — Revised Uniform Fiduciary Access to Digital Assets Act