New Hampshire Revised Statutes 551:2 – Requirements
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I. To be valid, a will or codicil to a will shall:
(a) Be made by a testator qualifying under N.H. Rev. Stat. § 551:1; and
(b) Be in writing; and
(c) Be signed by the testator, or by some person at his or her express direction in his or her presence; and
(d) Be signed by 2 or more credible witnesses, who shall, at the request of the testator and in the testator’s presence, attest to the testator’s signature.
II. No seal shall be required. These requirements shall apply to all wills executed on or after January 1, 1993.
III. (a) For the purposes of this chapter, a person attesting a will or codicil as a witness shall be deemed in the presence of the testator if the witness, the testator, the other witness or witnesses, as the case may be, and a notarial officer who is (1) the attorney, licensed to practice law in New Hampshire and in good standing, who drafted the will or codicil; (2) another attorney, licensed to practice law in New Hampshire and in good standing, under the drafting attorney’s supervision; or (3) a paralegal under the supervision of either such attorney, can communicate simultaneously by sight and sound through an electronic device or process at the time all of them sign the will or codicil, which may be signed in multiple counterparts. A witness need not be physically present within the state of New Hampshire at the time the witness attests to the testator’s signature.
(b) Nothing in this paragraph shall be deemed to allow an electronic will or codicil. This paragraph shall apply only to wills executed on or after March 23, 2020.
(a) Be made by a testator qualifying under N.H. Rev. Stat. § 551:1; and
Terms Used In New Hampshire Revised Statutes 551:2
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- seal: shall include an impression of the official seal made upon the paper alone, as well as an impression thereof made by means of wax, or a wafer, affixed thereto. See New Hampshire Revised Statutes 21:11
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Testator: A male person who leaves a will at death.
(b) Be in writing; and
(c) Be signed by the testator, or by some person at his or her express direction in his or her presence; and
(d) Be signed by 2 or more credible witnesses, who shall, at the request of the testator and in the testator’s presence, attest to the testator’s signature.
II. No seal shall be required. These requirements shall apply to all wills executed on or after January 1, 1993.
III. (a) For the purposes of this chapter, a person attesting a will or codicil as a witness shall be deemed in the presence of the testator if the witness, the testator, the other witness or witnesses, as the case may be, and a notarial officer who is (1) the attorney, licensed to practice law in New Hampshire and in good standing, who drafted the will or codicil; (2) another attorney, licensed to practice law in New Hampshire and in good standing, under the drafting attorney’s supervision; or (3) a paralegal under the supervision of either such attorney, can communicate simultaneously by sight and sound through an electronic device or process at the time all of them sign the will or codicil, which may be signed in multiple counterparts. A witness need not be physically present within the state of New Hampshire at the time the witness attests to the testator’s signature.
(b) Nothing in this paragraph shall be deemed to allow an electronic will or codicil. This paragraph shall apply only to wills executed on or after March 23, 2020.