Mattapan, MA asked in Family Law and Estate Planning for New Hampshire

Q: A self approved will written in the year 2012 New Hampshire does it need to be notarized to be legal or just signed by 2

2 or more persons

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1 Lawyer Answer
Theresa Spearing
Theresa Spearing
Answered
  • Estate Planning Lawyer
  • Concord, NH
  • Licensed in New Hampshire

A: Yes, in order for a Self-Proved Will to be valid in New Hampshire it must be notarized.

RSA 551:2-a Self-Proved Wills outlines the requirements:

I. To 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, as follows:

The foregoing instrument was acknowledged before me this __________ (day) by ___, the testator; ___ and ___, the witnesses, who under oath do 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 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.

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