Simple Will - New Hampshire

LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. 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
   3.9 Digital Assets

4. Representations & Warranties (Testator Declarations)

5. Covenants & Restrictions (In Terrorem / No-Contest)
6. Default & Remedies (Will Contest Procedures)

7. Risk Allocation
   7.1 Indemnification of Personal Representative
   7.2 Limitation of Liability

8. Dispute Resolution

9. General Provisions
10. Execution Block
11. 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.

3. OPERATIVE PROVISIONS

3.1 Revocation of Prior Instruments

All prior wills and codicils executed by Testator are hereby revoked in full, in accordance with N.H. Rev. Stat. Ann. § 551:13. Testator acknowledges that, under that statute, if Testator is subsequently divorced or the marriage is annulled, any disposition, power of appointment, or fiduciary nomination in this Will in favor of a former spouse is automatically revoked by operation of law absent express language in a later instrument to the contrary.

3.2 Identification of Family

Testator is married/unmarried to [SPOUSE NAME] and has the following children: [CHILD 1 NAME], [CHILD 2 NAME], etc.

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 all claims against the Estate in the order of priority set forth in N.H. Rev. Stat. Ann. § 554:19: (i) costs and expenses of Estate administration; (ii) reasonable and necessary funeral, burial, and cremation expenses; (iii) debts and taxes entitled to preference under federal law; (iv) claims of the New Hampshire Department of Health and Human Services for financial or medical assistance provided to Testator, where applicable; (v) other just debts of Testator; and (vi) legacies given by this Will.

3.5 Specific Bequests

I bequeath the following assets:

1. [DESCRIPTION OF ASSET] to [BENEFICIARY NAME].
2. [DESCRIPTION OF ASSET] to [BENEFICIARY NAME].

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, pursuant to N.H. Rev. Stat. Ann. § 463:5, which permits nomination of a guardian of the person, the estate, or both, of a minor child by will. Such nomination is subject to the New Hampshire probate court's authority under that section to decline, for cause, to appoint the nominee.

3.8 Administrative Powers of Personal Representative

The Personal Representative shall have, without Court order, all powers conferred on trustees under N.H. Rev. Stat. Ann. § 564-B:8-816, which by its terms extends to "an executor or other fiduciary administering a will" unless limited in this Will, 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, settle, pay, or contest claims by or against the Estate;
d. Employ professionals, including attorneys, accountants, and investment advisors, and compensate them from Estate assets.

3.9 Digital Assets

In accordance with N.H. Rev. Stat. Ann. ch. 554-A (the Revised Uniform Fiduciary Access to Digital Assets Act), the Personal Representative shall have authority to access, control, manage, distribute, and terminate Testator's digital assets and electronic communications accounts, to the extent permitted under that chapter, any applicable online tool offered by a custodian, and the terms-of-service agreement governing each account, subject to any custodian disclosure procedures under N.H. Rev. Stat. Ann. §§ 554-A:7 through 554-A:10.

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, initiates or otherwise pursues (a) any action to contest the admission or validity of this Will, (b) any action to set aside or vary the terms of this Will, (c) any action challenging the acts of the Personal Representative or other fiduciary named herein in the performance of such fiduciary's duties as described in this Will, or (d) any other act or proceeding to frustrate or defeat Testator's intent as expressed in this Will, shall forfeit any interest provided to that Beneficiary herein, and such interest shall pass as though the contesting Beneficiary had predeceased Testator.

This no-contest provision is intended to be enforced pursuant to, and to the fullest extent permitted by, N.H. Rev. Stat. Ann. § 551:22, under which a no-contest provision is enforceable according to its express terms without regard to the presence or absence of probable cause for, or the Beneficiary's good or bad faith in, bringing the challenged action. Notwithstanding the foregoing, and as required by N.H. Rev. Stat. Ann. § 551:22, II-III, this Section 5.1 shall NOT apply, and no forfeiture shall occur:
i. to the extent this Will is determined to be invalid because of fraud, duress, undue influence, lack of testamentary capacity, or any other reason;
ii. to the extent an action solely challenges the acts of the Personal Representative or other fiduciary and the Personal Representative or other fiduciary is determined to have committed a breach of fiduciary duty or breach of trust;
iii. to any action brought by the Personal Representative or other fiduciary named in this Will (unless that fiduciary is also a Beneficiary against whom this provision is otherwise enforceable);
iv. to any agreement among Beneficiaries and other interested persons settling a dispute or resolving any other matter relating to this Will;
v. to any action to determine whether a proposed or pending proceeding constitutes a contest within the meaning of this Section 5.1; or
vi. to any action brought by a Beneficiary, or on a Beneficiary's behalf, solely for a construction or interpretation of this Will.

6. DEFAULT & REMEDIES

a. Events of Default: A "Will Contest" includes filing any pleading or otherwise initiating or pursuing any of the actions described in Section 5.1(a)-(d), subject to the carve-outs in Section 5.1(i)-(vi).
b. Remedies: Upon a determination by the Probate Court that a Beneficiary's action constitutes a Will Contest not falling within a Section 5.1 carve-out, the forfeiture set forth in Section 5.1 shall constitute the sole remedy as to that Beneficiary's interest under this Will; all other estate distributions shall proceed unaffected.
c. Suspension of Distributions Pending Determination: In accordance with N.H. Rev. Stat. Ann. § 551:22, VI-VIII, the Personal Representative may, in the Personal Representative's discretion and in good faith, suspend distributions to a Beneficiary whose action potentially would cause a forfeiture under Section 5.1 until the Probate Court determines whether the Beneficiary's interest has been reduced or eliminated, and the Personal Representative shall not be liable to any person for exercising, or declining to exercise, that discretion in good faith.
d. Costs and Fees: The Probate Court retains its ordinary equitable authority to award costs and, where authorized by law, attorney's fees in connection with a Will Contest proceeding.

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]

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: __________