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Updated Will Guide: Essential Information for All Family Structures

Comprehensive guide to updating your will for blended families, same-sex couples, parents, and individuals with significant assets. Learn why an updated will is crucial for protecting your loved ones and assets.

Introduction

An updated will is one of the most important legal documents you can create to protect your family and assets. This legal instrument ensures your wishes are carried out after your passing, providing clear instructions about how your property should be distributed, who will care for minor children, and how your affairs should be managed. Without an updated will, state laws determine what happens to your assets and dependents, which may not align with your intentions. This guide explains the importance of keeping your will current, especially for blended families, same-sex couples, parents with minor children, and individuals with significant assets. Understanding the basics of an updated will can help you make informed decisions to protect your loved ones and provide peace of mind for your family's future.

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Key Things to Know

  1. 1

    Without an updated will, state intestacy laws determine how your assets are distributed, which may not align with your wishes for your family members.

  2. 2

    For blended families, an updated will is essential to ensure all children (biological and step-children) are provided for according to your intentions.

  3. 3

    Same-sex couples benefit from the legal protections an updated will provides, especially in regions where legal recognition may be evolving.

  4. 4

    Naming guardians for minor children is one of the most important functions of a will for parents.

  5. 5

    Your will should be reviewed and potentially updated after every major life event (marriage, divorce, birth of children, significant asset acquisition).

  6. 6

    For those with significant assets, an updated will should work in conjunction with trusts and other estate planning tools to minimize taxes and maximize asset protection.

  7. 7

    Digital assets, pets, and sentimental items should be specifically addressed in your updated will to avoid confusion or conflict.

  8. 8

    Working with an estate planning attorney familiar with your specific family structure is highly recommended to ensure your will accomplishes your goals.

Key decisions before you file

Before you file a Updated Will in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Updated Will guide walks through them.

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New Hampshire Requirements for Updated Will

  • Testamentary Capacity (NH RSA 551:1)

    The testator must be at least 18 years of age and of sound mind, meaning they understand the nature of making a will, the extent of their property, the natural objects of their bounty, and the disposition they are making.

  • Written Document Requirement (NH RSA 551:2)

    A will must be in writing to be valid in New Hampshire. Oral wills (nuncupative wills) are not recognized except in limited military circumstances.

  • Signature Requirements (NH RSA 551:2)

    The will must be signed by the testator or by some other person at the testator's direction and in the testator's presence.

  • Witness Requirements (NH RSA 551:2)

    The will must be signed by at least two credible witnesses who witnessed either the signing of the will or the testator's acknowledgment of the signature or of the will.

  • Self-Proving Affidavit (NH RSA 551:2-a)

    A will may be made self-proving at the time of execution or at any subsequent date by the acknowledgment of the will by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths.

  • Holographic Wills (NH RSA 551:2)

    New Hampshire recognizes holographic wills (handwritten wills) if the signature and material provisions are in the handwriting of the testator, even without witnesses.

  • Revocation of Wills (NH RSA 551:13)

    A will or any part thereof is revoked by a subsequent will which revokes the prior will or part expressly or by inconsistency, or by being burned, torn, canceled, obliterated, or destroyed with the intent to revoke.

  • Divorce Effect on Will (NH RSA 551:13)

    If after executing a will the testator is divorced or the marriage is annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse.

  • Omitted Spouse Provision (NH RSA 551:10)

    If a testator fails to provide for a surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate they would have received if the decedent left no will.

  • Pretermitted Heir Provision (NH RSA 551:10)

    If a testator fails to provide for any children born or adopted after the execution of the will, the child is entitled to a share of the estate as if the testator had died intestate unless it appears the omission was intentional.

  • Personal Representative Appointment (NH RSA 553:2)

    The will should name a personal representative (executor) to administer the estate, and may name alternates. If none is named, the court will appoint an administrator according to statutory priority.

  • Guardian Designation for Minor Children (NH RSA 463:5)

    A will may designate a guardian for minor children. The court gives preference to the testamentary guardian but must ultimately determine guardianship based on the best interests of the child.

  • Simultaneous Death Provision (NH RSA 563-A:2)

    If the testator and a beneficiary die simultaneously or in circumstances where it cannot be determined who died first, the property will be distributed as if the beneficiary predeceased the testator.

  • No-Contest Clause Validity (NH Common Law)

    New Hampshire recognizes no-contest clauses (in terrorem clauses) that disinherit beneficiaries who challenge the will, though courts may not enforce them if there is probable cause for the contest.

  • Ademption Provision (NH RSA 551:14)

    If specifically devised property is not in the testator's estate at death, the bequest fails (adeems) unless provisions are made for substitute gifts or the anti-ademption statute applies.

  • Rule Against Perpetuities (NH RSA 564:24)

    New Hampshire has abolished the traditional rule against perpetuities but allows for a 150-year limit on the vesting of future interests, affecting how long trusts created in a will can control property.

  • Estate Tax Considerations (26 U.S.C. § 2001)

    While New Hampshire does not impose a state estate tax, federal estate tax may apply to estates exceeding the federal exemption amount, requiring tax planning provisions in larger estates.

  • Digital Assets Provision (NH RSA 554-A)

    New Hampshire has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, allowing a testator to give directions for the disclosure of digital assets to fiduciaries.

  • Testamentary Trust Creation (NH RSA 564-B)

    A will may establish testamentary trusts that come into existence upon the testator's death, subject to New Hampshire trust law requirements.

  • Elective Share Rights (NH RSA 560:10)

    A surviving spouse may claim an elective share of the deceased spouse's estate regardless of will provisions, generally equal to one-third of the estate if there are surviving issue or one-half if there are none.

Frequently Asked Questions