TITLE LVI
PROBATE COURTS AND DECEDENTS' ESTATES
Chapter 551-A
UNIFORM INTERNATIONAL WILLS ACT
Section 551-A:1
551-A:1 Definitions. –
In this chapter:
I. "International will" means a will executed in conformity with RSA 551-A:2 through RSA 551-A:5.
II. "Authorized person" and "person authorized to act in connection with international wills" mean a person who by RSA 551-A:9, or by the laws of the United States including members of the diplomatic and consular service of the United States designated by Foreign Service Regulations, is empowered to supervise the execution of international wills.
Source. 1998, 120:1, eff. Jan. 1, 1999.
Section 551-A:2
551-A:2 International Will; Validity. –
I. A will shall be valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile, or residence of the testator, if it is made in the form of an international will complying with the requirements of this chapter.
II. The invalidity of the will as an international will shall not affect its formal validity as a will of another kind.
III. This chapter shall not apply to the form of testamentary dispositions made by 2 or more persons in one instrument.
Source. 1998, 120:1, eff. Jan. 1, 1999.
Section 551-A:3
551-A:3 International Will; Requirements. –
I. The will shall be made in writing. It need not be written by a testator. It may be written in any language, by hand or by any other means.
II. The testator shall declare in the presence of 2 witnesses and of a person authorized to act in connection with international wills that the document is the testator's will and that the testator knows the contents thereof. The testator need not inform the witnesses, or the authorized person, of the contents of the will.
III. In the presence of the witnesses, and of the authorized person, the testator shall sign the will or, if the testator has previously signed it, shall acknowledge his or her signature.
IV. When the testator is unable to sign, the absence of his or her signature does not affect the validity of the international will if the testator indicates the reason for his or her inability to sign and the authorized person makes note thereof on the will. In these cases, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator to sign the testator's name for the testator, if the authorized person makes note of this also on the will, but it is not required that any person sign the testator's name.
V. The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.
Source. 1998, 120:1, eff. Jan. 1, 1999.
Section 551-A:4
551-A:4 International Will; Other Points of Form. –
I. The signatures shall be placed at the end of the will. If the will consists of several sheets, each sheet will be signed by the testator or, if he or she is unable to sign, by the person signing on his or her behalf or, if there is no such person, by the authorized person. In addition, each sheet shall be numbered.
II. The date of the will shall be the date of its signature by the authorized person. That date shall be noted at the end of the will by the authorized person.
III. The authorized person shall ask the testator whether he or she wishes to make a declaration concerning the safekeeping of the testator's will. If so and at the express request of the testator the place where he or she intends to have his or her will kept shall be mentioned in the certificate provided for in RSA 551-A:5.
IV. A will executed in compliance with RSA 551-A:3 shall not be invalid merely because it does not comply with this section.
Source. 1998, 120:1, eff. Jan. 1, 1999.
Section 551-A:5
551-A:5 International Will; Certificate. –
The authorized person shall attach to the will a certificate to be signed by such authorized person establishing that the requirements of this chapter for valid execution of an international will have been complied with. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate shall be substantially in the following form:
CERTIFICATE
I, __________ (name, address, and capacity), a person authorized to act in connection with international wills
Certify that on __________ (date) at __________
(place)
(testator) __________ (name, address, date and place of birth) in my presence and that of the witnesses
(a) __________ (name, address, date and place of birth)
(b) __________ (name, address, date and place of birth) has declared that the attached document is his or her will and that he or she knows the contents thereof.
I furthermore certify that:
(a) in my presence and in that of the witnesses;
(1) the testator has signed the will or has acknowledged his or her signature previously affixed.
* (2) following a declaration of the testator stating that he or she was unable to sign his or her will for the following reason __________ , I have mentioned this declaration on the will
* and the signature has been affixed by __________ (name and address)
(b) the witnesses and I have signed the will;
*each page of the will has been signed by __________ and numbered;
(d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above;
(e) the witnesses met the conditions requisite to act as such according to the law under which I am acting;
* (f) the testator has requested me to include the following statement concerning the safekeeping of his or her will:
__________
PLACE OF EXECUTION
DATE
SIGNATURE and, if necessary, SEAL
* To be completed if appropriate
Source. 1998, 120:1, eff. Jan. 1, 1999.
Section 551-A:6
551-A:6 International Will; Effect of Certificate. –
In the absence of evidence to the contrary, the certificate of the authorized person shall be conclusive of the formal validity of the instrument as a will under this chapter. The absence or irregularity of a certificate shall not affect validity of a will under this chapter.
Source. 1998, 120:1, eff. Jan. 1, 1999.
Section 551-A:7
551-A:7 International Will; Revocation. –
The international will shall be subject to the ordinary rules of revocation of wills.
Source. 1998, 120:1, eff. Jan. 1, 1999.
Section 551-A:8
551-A:8 Source and Construction. –
RSA 551-A:1 through RSA 551-A:7 derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this chapter, regard shall be had to its international origin and to the need for uniformity in its interpretation.
Source. 1998, 120:1, eff. Jan. 1, 1999.
Section 551-A:9
551-A:9 Persons Authorized to Act in Relation to International Will; Eligibility; Recognition by Authorizing Agency. –
Individuals who have been admitted to practice law before the courts of this state and who are in good standing as active law practitioners in this state, are hereby declared to be authorized persons in relation to international wills.
Source. 1998, 120:1, eff. Jan. 1, 1999.
Section 551-A:10
551-A:10 Self-Proved Will. –
Any will meeting the requirements of this chapter is self-proved and shall be allowed as such by the probate court.
Source. 1999, 100:5, eff. Jan. 1, 2000.