New Hampshire
Last Will and Testament
(Single Adult w/Minor Children, including Trust)
LAST WILL AND TESTAMENT OF
_______________________________________
[Name of Testator]
I, _______________________________________ [Name of Testator], a resident of ___________________,
New Hampshire, being of sound and disposing mind and memory and
over the age of eighteen (18) years or having been lawfully
married or a member of the armed forces of the United States or a member of an
auxiliary of the armed forces of the United States or a member of the maritime
service of the United States, and not being actuated by any duress, menace,
fraud, mistake, or undue influence, do make, publish, and declare this to be my
last Will, hereby expressly revoking all Wills and Codicils previously made by
me.
I. EXECUTOR: I appoint
____________________________________ as Executor of this my Last Will and
Testament and provide if this Executor is unable or unwilling to serve then I
appoint ____________________________________ as alternate Executor. My Executor shall be authorized
to carry out all provisions of this Will and pay my just debts, obligations and
funeral expenses.
II. ACKNOWLEDGMENT OF CHILDREN
I have the following children, and all references to "children" in my Last Will and Testament refer to the named following:
Name: ____________________________________ Date of Birth: __________________
Name: ____________________________________ Date of Birth: __________________
Name: ____________________________________ Date of Birth: __________________
Name: ____________________________________ Date of Birth: __________________
III. GUARDIAN: In the event I shall die as the sole parent and guardian of my minor children,
then I appoint ____________________________________ as Guardian of said minor children. If this named
Guardian is unable or unwilling to serve, then I appoint
____________________________________ as alternate Guardian.
IV. SIMULTANEOUS DEATH OF BENEFICIARY: If any beneficiary of this Will, including
any beneficiary of any trust established by this Will shall die within 60 days
of my death or prior to the distribution of my estate, I hereby declare that I
shall be deemed to have survived such person.
V. BEQUESTS:
I will, give, and bequeath unto the persons named below, if he or she
survives me, the Property described below:
Name: _____________________________________
Address: ___________________________________
Relationship: ________________________________
Property: ___________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Name: _____________________________________
Address: ___________________________________
Relationship: ________________________________
Property: ___________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Name: _____________________________________
Address: ___________________________________
Relationship: ________________________________
Property: ___________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Name: _____________________________________
Address: ___________________________________
Relationship: ________________________________
Property: ___________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
If a named beneficiary to this Will predeceases me,
the bequest to such person shall lapse, and the property shall pass under the
other provisions of this Will. If I do not possess or own any
property listed above on the date of my death, the bequest of that property
shall lapse.
VI. ALL REMAINING PROPERTY; RESIDUARY CLAUSE: I give,
devise, and bequeath all of the rest, residue, and remainder of my estate, of
whatever kind and character, and wherever located, to
_______________________________________, provided that
_______________________________________ survives me. If
_______________________________________ does not survive me, then I give, devise, and bequeath
all of the rest, residue, and remainder of my estate, of whatever kind and
character, and wherever located, to _______________________________________ as
alternate.
VII. TRUST FOR THE BENEFIT OF MINOR CHILD(REN): In the event
that I give, devise, or bequeath any of my estate under this will to any child
of mine who is a minor at the time of my death, then I direct any and all such
gifts, devises, or bequests for that child held in a separate trust, until said
child reaches the age of 26. I name _______________________________________ the
trustee of each child's trust, and he or she shall serve without bond. If this
person is unable or unwilling to serve as trustee, then I name
_______________________________________ to serve as trustee, and he or she also
shall serve without bond.
The Trustee's Duties: The trustee shall hold the trust property for
the benefit of the child and may distribute, to the extent the trustee deems
necessary, income or principal of that child's trust to provide for the child's
education, health, maintenance, and support. I further authorize the trustee to
exercise discretion in deciding whether to make a distribution for the benefit
of any child by considering the child's other income, resources, and sources of
support. I direct the trustee to accumulate and to add to the principal of each
trust any and all trust income that the trustee has not distributed to the
child.
Termination of a Child's Trust: Termination of a child's trust
shall occur upon any of the following events: the beneficiary dies before
reaching age 26, the child reaches age 26, or the trust property is depleted
through properly authorized distributions by the trustee. In the event that the
trust terminates due to the child's death, the trustee shall distribute the
remaining principal and accumulated net income of the trust to the child's heirs
at law. In the event that the trust terminates upon the child's reaching age 26,
the trustee shall distribute to the child any remaining principal and
accumulated net income of the trust.
The Trustee's Authority: The trustee shall possess all authority
granted to him or her in this will and the following powers enumerated in this
paragraph. The trustee shall have the authority to hire accountants, agents,
attorneys, investment advisors, tax advisors, and any other professional, as
reasonably necessary, to administer the trust and to manage any trust asset and
for any litigation affecting the trust, and to pay any such reasonable fees of
such professionals with the trust's assets. The trustee shall have the authority
conferred by this will on the executor with respect to property in the trust. In
addition, the trustee shall have all other authority and powers generally
conferred on trustees by the laws of the state that has jurisdiction over this
trust.
General Administration of the Trust: Any and all children's
interests held in trust are nontransferable by either voluntary or involuntary
assignment or by operation of law. To the fullest extent permitted by law, all
interests shall remain free from the claims of creditors and from attachment,
bankruptcy, execution, or any other legal process. To the fullest extent
permitted by law, the trustee shall administer at his or her sole discretion
and independent of court supervision. Any trustee fulfilling the
requirements under these trust provisions may receive reasonable compensation from the
trust's assets for his or her services, including both ordinary and
extraordinary services, and any and all services in relation to the complete
or partial termination of any trust created by this will; however, no person who
adds to the corpus of any trust shall ever be entitled to any compensation.
VIII. ADDITIONAL POWERS OF THE EXECUTOR: My Executor
shall have the following additional powers with respect to my estate, to be
exercised from time to time at my Executor's discretion without further license
or order of any court.
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
IX. WAIVER OF BOND, INVENTORY, ACCOUNTING,
REPORTING AND APPROVAL: My Executor and alternate Executor shall
serve without any bond, and I hereby waive the necessity of preparing or filing
any inventory, accounting, appraisal, reporting, approvals or final appraisement
of my estate. I direct that no expert appraisal be made of my estate unless required by law.
X. OPTIONAL PROVISIONS: I have placed
my initials next to the provisions below that I adopt as part of this Will. Any
unmarked provision is not adopted by me and is not a part of this Will.
| ________ |
If any beneficiary to this Will is indebted to me at the time of
my death, and the beneficiary evidences this debt by a valid Promissory Note
payable to me, then such person's portion of my estate shall be diminished by
the amount of such debt.
|
| ________ |
Any and all debts of my estate shall first be paid from my
residuary estate. Any debts on any real property bequeathed in this Will
shall be assumed by the person to receive such real property and not paid by
my Executor.
|
| ________ |
I direct that my remains be cremated and that the ashes be
disposed of according to the wishes of my Executor.
|
| ________ |
I direct that my remains be cremated and that the ashes be
disposed of in the following manner:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
|
| ________ |
I desire to be buried in the _____________________________
cemetery in __________________ County, New Hampshire. |
XI. CONSTRUCTION: The term "testator" as used in this Will
is deemed to include me as Testator or Testatrix. The pronouns used in this Will shall include, where appropriate, either gender or both, singular and plural.
XII. SEVERABILITY AND SURVIVAL: If any part of this Will is
declared invalid, illegal, or inoperative for any reason, it is my intent that
the remaining parts shall be effective and fully operative, and that any Court
so interpreting this Will and any provision in it construe in favor of survival.
IN WITNESS WHEREOF, I, _______________________________________ [Name of Testator], hereby set my hand
to this last Will, on each page of which I have placed my initials, on this ________ day
of ____________________, 20______ at
_____________________________________________________________, State of New Hampshire.
_______________________________________ [Signature]
_______________________________________ [Printed or typed name of Testator]
_______________________________________ [Address of Testator, Line 1]
_______________________________________ [Address of Testator, Line 2]
WITNESSES
The foregoing instrument, consisting of ________ pages, including
this page, was signed in our presence by
_______________________________________ [name of Testator] and declared by _________________ [him or her] to be _________________ [his or
her] last Will. We, at the request and in the presence of _________________ [him
or her] and in the presence of each other, have subscribed our names below as
witnesses. We declare that we are of sound mind and of the proper age to
witness a will, that to the best of our knowledge the testator is of the age of
majority, or is otherwise legally competent to make a will, and appears of
sound mind and under no undue influence or constraint. Under penalty of
perjury, we declare these statements are true and correct on this ________ day
of ____________________, 20______ at
_____________________________________________________________, State of New Hampshire.
_______________________________________ [Signature of Witness #1]
_______________________________________ [Printed or typed name of Witness #1]
_______________________________________ [Address of Witness #1, Line 1]
_______________________________________ [Address of Witness #1, Line 2]
_______________________________________ [Signature of Witness #2]
_______________________________________ [Printed or typed name of Witness #2]
_______________________________________ [Address of Witness #2, Line 1]
_______________________________________ [Address of Witness #2, Line 2]
_______________________________________ [Signature of Witness #3]
_______________________________________ [Printed or typed name of Witness #3]
_______________________________________ [Address of Witness #3, Line 1]
_______________________________________ [Address of Witness #3, Line 2]
- - - - Optional Self-Proving Affidavit Form - - - -
(Note: The grey box below is not a part
of the Affidavit and is included for informational purposes only. You
should not include it as part of the Affidavit.)
About this Self-Proving Affidavit Form: Although a Self-Proving Affidavit is not a requirement in the State of
New Hampshire, it is an
excellent idea to sign one when executing a Will. It can
greatly reduce the difficulty associated with probating the Will when the
time comes. Following the requirements of New Hampshire RSA 551, "[T]o
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...." Once completed, the Affidavit is then attached to the Will. Its basic purpose is to affirm
that the Will is that of the testator and that the will was signed and witnessed
in accordance with all applicable state requirements. Although New
Hampshire state law only requires two witnesses, we strongly recommend that
you obtain the signatures of three witnesses, if possible, in the event one
dies or moves away.
To make a self-proving Will in the State of New Hampshire, a testator should follow this procedure: (1) The
testator should sign the Will in the presence of the witnesses and have the
witnesses sign as well; (2) A notary public should be present at the time the
Will is signed by the testator, together with all the witnesses; (3) The
testator should provide the blank Self-Proving Affidavit form below to the
notary public, or the testator should consult with the notary public to
determine if a different Self-Proving Affidavit form is recommended; (4) The
notary public should complete, sign, and notarize the Self-Proving Affidavit form in the
presence of the testator and all the witnesses; (5) Once completed, the Self-Proving
Affidavit should be stapled to the Will. |
SELF-PROVING AFFIDAVIT
THE STATE OF NEW HAMPSHIRE
COUNTY OF ________________
The foregoing instrument was acknowledged before me this ____________ day of
_______________________, 20_____ by
______________________________________________________________, the testator;
______________________________________________________________, ______________________________________________________________, and
______________________________________________________________, the witnesses,
who under oath do swear as follows:
- The testator signed the instrument as the testator's will or expressly
directed another to sign for the testator.
- This was the testator's free and voluntary act for the purposes expressed
in the will.
- Each witness signed at the request of the testator, in the testator's
presence, and in the presence of the other witness.
- To the best of my knowledge, at the time of the 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
______________________________________________________________
Official Capacity of Officer
Do you want this form for another state? Select one:
AL,
AK,
AZ,
AR,
CA,
CO,
CT,
DE,
DC,
FL,
GA,
HI,
ID,
IL,
IN,
IA,
KS,
KY,
LA,
ME,
MD,
MA,
MI,
MN,
MS,
MO,
MT,
NE,
NV,
NH,
NJ,
NM,
NY,
NC,
ND,
OH,
OK,
OR,
PA,
RI,
SC,
SD,
TN,
TX,
UT,
VT,
VA,
WA,
WV,
WI,
WY
Estate Planning Forms
Estate Planning Guidance
Other Forms You May Need
For only 9.99 you can have this form emailed or faxed to you.
We'll send you the form properly formatted and ready for your immediate use.
Attention attorneys and legal publishers:
sell us your legal forms
and earn up to $2,500 or more!
