Holographic Wills in New Hampshire: What You Need to Know
Discover the essential differences between a handwritten document and a legally valid will in the Granite State
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The state of New Hampshire generally does not recognize holographic wills in the traditional sense, meaning a will written entirely in the testator's (the person making the will) own handwriting but without the required witness signatures. While a will can certainly be handwritten in New Hampshire, it must still meet all the statutory requirements for a valid will, including the crucial element of witness attestation.
What is a Holographic Will?
A holographic will is typically defined as a will written entirely by hand by the testator and signed by them, but notably, it does not require the presence or signatures of witnesses. The rationale behind recognizing such wills in states where they are valid is often to uphold a testator's intent, especially in emergency situations where formal witnessing might be impossible. However, this simplified approach can also lead to issues regarding authenticity and undue influence.
New Hampshire's Requirements for a Valid Will
New Hampshire law, specifically RSA 551:2, outlines the essential criteria for a will to be considered valid. These requirements are:
In Writing: The will must be a tangible document. This means it must be on paper and cannot be an audio, video, or digital file. While it can be handwritten, being typed or printed is equally acceptable.
Signed by the Testator: The testator must sign the will. If they are unable to sign, another person may sign on their behalf, but only in the testator's presence and at their express direction.
Witnessed: This is the critical point distinguishing New Hampshire from states that recognize true holographic wills. A New Hampshire will must be signed by two or more credible witnesses. These witnesses must sign the will at the request of the testator and in the testator's presence. "Presence" can include electronic presence through video conference if all parties can hear and see each other.
The Nuance of a Handwritten Will in New Hampshire
Therefore, while a will can be handwritten in New Hampshire, the act of handwriting it alone does not make it a legally binding "holographic will" if it lacks the witness signatures. A handwritten document intending to be a will in New Hampshire will only be valid if it satisfies the same signing and witnessing formalities as a typed or printed will. If a person writes their entire will by hand but fails to have it properly witnessed, it will likely be deemed invalid by a New Hampshire probate court.
Why This Distinction Matters
The strict adherence to witness requirements in New Hampshire aims to prevent fraud and ensure that the will truly reflects the testator's wishes, made without coercion or undue influence. Without witnesses, it can be significantly harder to prove the authenticity of a handwritten document and the testator's mental capacity at the time of its creation. While the idea of a simple, unwitnessed handwritten will might seem appealing for its ease, the legal reality in New Hampshire necessitates a more formal approach to ensure its enforceability. For this reason, anyone creating a will in New Hampshire, whether handwritten or otherwise, should prioritize meeting all statutory requirements, including proper witnessing, or consult with an estate planning attorney.
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
