LAST WILL AND TESTAMENT
OF [TESTATOR FULL LEGAL NAME]
[// GUIDANCE: This template follows New Hampshire statutory requirements (see N.H. Rev. Stat. Ann. §§ 551:1–2) and incorporates advanced risk-management concepts requested in the metadata. Replace bracketed terms before execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Revocation of Prior Instruments
3.2 Identification of Family
3.3 Appointment of Personal Representative
3.4 Payment of Debts & Expenses
3.5 Specific Bequests
3.6 Residuary Disposition
3.7 Guardianship of Minor Children (if any)
3.8 Administrative Powers of Personal Representative - Representations & Warranties (Testator Declarations)
- Covenants & Restrictions (In Terrorem / No-Contest)
- Default & Remedies (Will Contest Procedures)
- Risk Allocation
7.1 Indemnification of Personal Representative
7.2 Limitation of Liability - Dispute Resolution
- General Provisions
- Execution Block
- Self-Proving Affidavit (Optional but Recommended)
1. DOCUMENT HEADER
This Last Will and Testament (“Will”) is made on this ___ day of ____, 20__, by [TESTATOR FULL LEGAL NAME], a resident of [CITY], County of [COUNTY]**, State of New Hampshire (“Testator”).
Testator is of full age (at least eighteen (18) years) and of sound mind and memory, acting freely and voluntarily to dispose of Testator’s property in accordance with New Hampshire law.
2. DEFINITIONS
For ease of reference, capitalized terms have the meanings set forth below:
“Beneficiary” means any person or entity receiving property under this Will.
“Estate” means all real and personal property owned by Testator at death, including any augmentations, increases, or accretions.
“Personal Representative” means the individual(s) appointed in Section 3.3 to administer the Estate and is synonymous with “Executor” under N.H. law.
“Probate Court” means the Circuit Court-Probate Division sitting in [COUNTY] County, New Hampshire, or such other court of competent jurisdiction.
“Residue” or “Residuary Estate” means all property remaining in the Estate after payment of debts, expenses, taxes, and specific bequests.
[// GUIDANCE: Add additional defined terms as needed for complex estates.]
3. OPERATIVE PROVISIONS
3.1 Revocation of Prior Instruments
All prior wills and codicils executed by Testator are hereby revoked in full.
3.2 Identification of Family
Testator is married/unmarried to [SPOUSE NAME] and has the following children: [CHILD 1 NAME], [CHILD 2 NAME], etc.
[// GUIDANCE: Accurate family identification helps avoid later contests.]
3.3 Appointment of Personal Representative
a. Primary Appointment: Testator appoints [PRIMARY EXECUTOR NAME], currently residing at [ADDRESS], as Personal Representative.
b. Successor Appointment: If the primary Personal Representative is unable or unwilling to serve, [ALTERNATE EXECUTOR NAME] shall serve.
c. Bond: No surety bond shall be required of any Personal Representative unless ordered by the Probate Court.
3.4 Payment of Debts & Expenses
The Personal Representative shall pay (i) funeral and burial expenses, (ii) valid debts of Testator, and (iii) costs of Estate administration, all in accordance with N.H. Rev. Stat. Ann. ch. 554.
3.5 Specific Bequests
I bequeath the following assets:
1. [DESCRIPTION OF ASSET] to [BENEFICIARY NAME].
2. [DESCRIPTION OF ASSET] to [BENEFICIARY NAME].
[// GUIDANCE: List tangible or monetary gifts with precision to avoid ambiguity.]
3.6 Residuary Disposition
All residue of my Estate, including lapsed or failed devises, shall pass to [RESIDUARY BENEFICIARY NAME]. If [RESIDUARY BENEFICIARY NAME] predeceases me, the residue shall pass per stirpes to the descendants of [RESIDUARY BENEFICIARY NAME], or, if none, to [CONTINGENT BENEFICIARY].
3.7 Guardianship of Minor Children
If at my death any child is under eighteen (18) years, I nominate [GUARDIAN NAME] as Guardian of the person and estate of such minor child, with [ALTERNATE GUARDIAN NAME] as successor.
3.8 Administrative Powers of Personal Representative
The Personal Representative shall have, without Court order, all powers granted under N.H. Rev. Stat. Ann. § 564-B:8-811 and any other applicable authority, including but not limited to:
a. Sell, lease, exchange, or otherwise dispose of estate property;
b. Invest and reinvest estate assets;
c. Compromise or settle claims;
d. Employ professionals and compensate them from Estate assets.
4. REPRESENTATIONS & WARRANTIES (TESTATOR DECLARATIONS)
a. Capacity: Testator affirms being of sound mind and legal age as required by N.H. Rev. Stat. Ann. § 551:1.
b. Title: Testator warrants having full testamentary power over the assets disposed of herein, subject to any spousal elective share.
c. Voluntariness: This Will is executed freely, without undue influence or duress.
5. COVENANTS & RESTRICTIONS
5.1 No-Contest (In Terrorem) Clause
Any Beneficiary who directly or indirectly contests this Will or any part thereof in any judicial proceeding shall forfeit any interest provided herein, and such interest shall pass as though the contesting Beneficiary had predeceased Testator.
[// GUIDANCE: Enforceability of in terrorem clauses is recognized in NH but may be subject to equitable considerations.]
6. DEFAULT & REMEDIES
a. Events of Default: A “Will Contest” includes filing any pleading challenging (i) Testator’s capacity, (ii) the validity of execution, or (iii) any disposition made herein.
b. Remedies: Upon default, the forfeiture set forth in Section 5.1 shall constitute the sole remedy; all other estate distributions shall proceed unaffected.
c. Costs and Fees: The Probate Court is authorized to award attorney’s fees and costs against a defaulting contestant, payable from such contestant’s forfeited share, if any.
7. RISK ALLOCATION
7.1 Indemnification of Personal Representative
The Personal Representative (and any successor) shall be indemnified and held harmless out of the Estate against any liability, loss, or expense arising from the proper administration of the Estate, except for willful misconduct or gross negligence.
7.2 Limitation of Liability
The liability of any Personal Representative to Beneficiaries or third parties shall be limited to the value of Estate assets under such Personal Representative’s control. No personal liability shall attach.
8. DISPUTE RESOLUTION
a. Governing Law: This Will shall be governed by and construed in accordance with the laws of the State of New Hampshire.
b. Forum Selection: Exclusive venue for any matter relating to this Will shall lie in the [COUNTY] County Circuit Court-Probate Division.
c. Arbitration: The parties acknowledge that statutory probate jurisdiction precludes binding arbitration of testamentary disputes.
d. Jury Waiver: Jury trials are not available in probate matters under NH practice.
e. Injunctive Relief: The Probate Court retains full equitable powers to issue temporary restraining orders or other injunctive relief in the event of a contested proceeding.
9. GENERAL PROVISIONS
9.1 Severability: If any provision of this Will is held invalid, the remaining provisions shall remain in full force.
9.2 Integration: This document constitutes my entire Will; no extrinsic evidence shall vary its terms.
9.3 Headings: Section headings are for convenience only and shall not affect interpretation.
9.4 Gender & Number: Words of any gender include all genders; words in the singular include the plural and vice versa.
9.5 Counterparts; Electronic Copies: This Will may be executed in counterparts, each deemed an original. Photographic or electronic copies shall be admissible to the same extent as an original.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], have signed this Will on the date first above written.
[TESTATOR FULL LEGAL NAME], Testator
We, the undersigned witnesses, affirm that on the date written above, [TESTATOR FULL LEGAL NAME], known to us or satisfactorily proven, declared this instrument to be Testator’s Last Will and Testament and signed it (or directed another to sign it) in our presence, and we, in Testator’s presence and in the presence of each other, now subscribe our names as witnesses.
Witness 1: _________
Name: [WITNESS 1 NAME]
Address: [ADDRESS]
Witness 2: _________
Name: [WITNESS 2 NAME]
Address: [ADDRESS]
[// GUIDANCE: NH requires at least two witnesses signing in the simultaneous presence of the Testator and each other. See N.H. Rev. Stat. Ann. § 551:2.]
11. SELF-PROVING AFFIDAVIT (Optional)
STATE OF NEW HAMPSHIRE )
COUNTY OF [COUNTY] ) ss.
We, the Testator and witnesses, being first duly sworn, declare under oath that (1) Testator signed the foregoing Will as Testator’s free and voluntary act for the purposes therein expressed; (2) each witness, in the presence of Testator and each other, signed the Will as a witness; and (3) to the best of the knowledge of each witness, Testator was at least eighteen (18) years of age, of sound mind, and under no constraint or undue influence.
[TESTATOR NAME], Testator
[WITNESS 1 NAME], Witness
[WITNESS 2 NAME], Witness
Subscribed and sworn before me on this ___ day of ____, 20__.
Notary Public / Justice of the Peace
My commission expires: ____
[// GUIDANCE: Filing a self-proving affidavit accelerates probate by eliminating the need to produce witnesses later. Attach this page to the Will when executed.]
[// GUIDANCE: After completion, store the executed original in a secure, easily locatable place and provide copies to the Personal Representative and attorney. Consider reviewing the Will periodically, especially after major life events.]