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New Hampshire ture ____________________________________________ Official Capacity Self-proved Will Affidavit -- (New Hampshire) Source: Title LVI Probate Courts Chapter 551 Wills Section 551:2-a 551:2 e 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. ____________________________________________ Signa 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 thllows: 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__________________ the testator; and ______________________________________ and ___________________________________, and ____________________________________, the witnesses, who under oath swear as fo__ __________ Witness Witness Page 9 of ______ Self-Proved Will Affidavit The foregoing instrument was acknowledged before me this ________________________ (day), by _______________________________________________________________ ___________________________________ ___________________________________ ___________________________________ Initials: __________ Testator __________ Witness _______________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ _______________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ____________________after his or her name. Dated: ____________________, ______ Witness Signature: Name: Address: City: State: Witness Signature: Name: Address: City: State: Witness Signature: Name: Address: City: State: t this Will was not procured by duress, menace, fraud or undue influence; The maker is age 18 or older. Each of us is now age 18 or older, is a competent witness, and resides at the address set forth presence of each other, do hereby subscribe our names as witnesses on the date shown above. We understand this is the Testator's Will; We believe the maker is of sound mind and memory; We believe thaestator"), who declared this instrument to be his/her Last Will and Testament and we, at the Testator's request and in the Testator's sight and presence and at testator's request, and in the sight and____ that the above instrument, which consists of _____ pages, including the page(s) which contain the witness signatures, was signed in our sight and presence by _____________________________ (the "Tr __________ Witness __________ __________ Witness Witness Page 8 of ______ We, the undersigned, hereby certify and declare under penalty of perjury under the laws of the State of ________________ Witnesses: Three (3) adults must sign as witnesses. Each witness must read the following clause before signing. The witnesses should not receive assets under this Will.) Initials: __________ Testatoue influence and ask the Witnesses named below to witness my signature. Testator's Signature: _______________________________________________ Name: _________________________________________ (Notice tof ____________________, ______. at ____________________ (city), that I declare this to be my Last Will and Testament, that I am of legal age and sound mind, that I make this under no constraint or unds of this Will shall then take precedence over any Will or Codicils of my Spouse, except where otherwise directed by law. IN WITNESS WHEREOF, I have signed my name below to this Will, this _____ day oractical to determine the order of deaths or to determine who survived the death of the other Spouse or who died first, I direct that it be determined that I survived my Spouse. In that case, the term illegality or unenforceability should affect only that provision and all other provision should remain effective. 7. Survival If my Spouse and I die under circumstances whereby it is difficult or imp beneficiary hereunder, free from all matrimonial rights or controls by his or her spouse. 6. Severability. If any provision of this Will is declared invalid, illegal or unenforceable, any invalidity,r other form of sharing or division of property which may exist between any beneficiary and his or her spouse, and every gift together with the income therefrom shall remain the separate property of a can agree, and if not, by my Executor. 5. Matrimonial Rights. No gift, or the income therefrom, under this Will shall be assigned or anticipated, or fall into any community of property, partnership ot requires that the bequest be distributed between or among two or more beneficiaries, the specific items of property comprising the respective shares shall be determined by such beneficiaries if theyt of that fiduciary's good faith actions or nonactions as the fiduciary, except for such actions or non-actions which constitute fraudulent conduct or bad faith. 4. Beneficiary Disputes. If any bequesent conduct or bad faith, be liable individually to any beneficiary of my estate, and my estate shall indemnify such natural person from any and all claims or expenses in connection with or arising out to have survived me unless the beneficiary is living on the thirtieth day after the date of my death. 3. Liability of Fiduciary. No fiduciary who is a natural person shall, in the absence of fraudul___ __________ Witness Witness Page 7 of ______ 2. Thirty Day Survival Requirement. For the purposes of determining the appropriate distributions under this Will, Each beneficiary shall be deemed nodescendants, if, but only if, the adopted person is not more than twelve years of age on the date of the court order granting such adoption. Initials: __________ Testator __________ Witness _______ and any pronouns shall be taken to refer to the person or persons intended regardless of gender or number The terms "child" and "descendant" shall include an adopted person and such adopted person's s forming a part of this Will in interpreting its provisions. Throughout this Will the use of any gender shall be deemed to include all genders, and the use of the singular the plural, and vice versa.y estate shall be supplemented by the following: 1. Paragraph Titles and Gender. The titles given to the paragraphs of this Will are inserted for reference purposes only and are not to be considered aject to any question or review, by any person, official, authority, court or tribunal whatsoever or whomsoever. ARTICLE X MISCELLANEOUS PROVISIONS The provisions in this Will for the distribution of m or as not being maintenance of an even-hand among the beneficiaries and all such exercise of their powers, authority and discretion shall be binding upon all of the beneficiaries and shall not be sube effect of conferring an advantage on any one or more of the beneficiaries or would otherwise, but for the foregoing, be considered as being other than an impartial exercise of their duties hereunderpowers, authority and discretion granted herein in what Executor or Trustee deems to be the best interest, whether monetary or otherwise, of the beneficiaries, whether or not such exercise may have thted to them in my Will and shall not be liable to the beneficiaries or their heirs or personal representatives by reason of the exercise of such discretion. The Executor or Trustee shall exercise the dministering my estate, including but not limited to attorney, accountant, agent, broker and other professional fees. The Executor or Trustee shall be fully protected in exercising any discretion grantee may deem advisable and to refer to arbitration all such claims if the Executor or Trustee deem same advisable. 11. Pay all necessary and reasonable expenses and costs incurred in connection with a pay any claim or claims at any time owing by my estate or which my estate may have against others for such consideration or no consideration and upon such terms and conditions as the Executor or Trus by the Executor or Trustee in good faith. 9. Windup, dissolve, settle or continue any partnership or business in which I may have an interest at the time of my death. 10. Compromise, settle, waive ortherwise, by reason of any loss, claim, tax or other cost experienced by any such person or by my estate resulting from any election, determination, designation or exercise of discretion, entered into __________ __________ Witness Witness Page 6 of ______ conclusive and binding upon all the beneficiaries hereof. The Executor or Trustee shall not be liable to any person, whether beneficiary or o, or by any other legislative or governmental body of any other country, state or territory, and such exercise of discretion by the Executor shall be Initials: __________ Testator __________ Witness any elections, determinations, and designations permitted by any statute or regulation enacted by the federal government of the United States of America, by the legislature or government of any stateor or Trustee shall not be liable or responsible for any injury to, consumption of or loss of any such property so used. 8. Make or refrain from making, in Executor's or Trustee's absolute discretion,beneficiaries of my estate to use any tangible personal property or real property, without paying any rent, without giving any bond or security and without liability for any loss or damage. The Executes of my Will. No reversionary or future interest shall be sold prior to falling into possession and no such interest not actually producing income shall be treated as producing income. 7. Permit any my death at Executor's or Trustee's absolute discretion without responsibility for loss to the intent that investments or assets so retained shall be deemed to be authorized investments for all purpossis of fair market value and cause any share to be composed of money, property or undivided fractional share in property. 6. Retain any of my investments or assets in the form existing at the date of estate or any part or parts thereof for such length of time as they may think best. Make any division or distribution of my residuary estate in money or in other property or partly in both upon the baor times, in such manner and upon such terms, and either for cash or credit or for part cash and part credit as they may in their absolute discretion decide upon, or to postpone such conversion of my he Executor or Trustee may be beneficially interested in the property or any part thereof so valued. 5. Sell, call in and convert into money any part of my estate not consisting of money at such time or payment and the decision of the Executor or Trustee shall be final and binding upon all persons concerned, notwithstanding any fluctuation in market value and notwithstanding that one or more of td I expressly will and declare that the Executor or Trustee shall in their absolute discretion fix the value of my estate or any part thereof for the purpose of making any such division, setting aside estate or set aside or pay any share or interest therein either wholly or in part in the assets forming my estate at the time of my death or at the time of such division, setting aside or payment, anate upon the security of any mortgage or mortgages and to pay off any mortgage or mortgages which may be in existence at any time forming part of my estate. 4. Make any division of my real or personalecutor or Trustee shall also have the right to renew and keep renewed any mortgage or mortgages upon any real estate forming part of my estate or any part thereof, to borrow money on any such real estor Trustee shall deem advisable. 3. To accept surrenders of leases and tenancies, to expend money in repairs, alterations, rebuilding and improvements and generally to manage any such property. The Exs Page 5 of ______ therefrom; and pay the taxes and expenses thereof, including the cost of keeping such property in adequate condition and repair, in the manner and to the extent that the Executor bate administration of my estate for such period as the Executor or Trustee shall determine; collect any income Initials: __________ Testator __________ Witness __________ __________ Witness Witnesnts as may be necessary to effect such a sale, mortgage, lease or other disposition. The power of sale herein is discretionary and not mandatory. 2. Take charge of any real property as part of the prodeemed advisable, without order of court and without notice to anyone. I also give to the Executor or Trustee power to execute and deliver such deeds, mortgages, leases or other instruments and docume dispose of all or part of any real or personal property that may be included in my estate in such manner and for such purposes, for such prices, and upon such terms, credits and conditions as may be proper administration of my estate and the Trust, the Executor and the Trustee shall have the right and power to: 1. Lease, sell, grant options, partition, exchange, mortgage, or otherwise encumber orgards to the Will and of any Trustee with regards to the administration of any Trust created by this Will, and in addition to other powers and authority granted by law or necessary or appropriate for he probate court. No bond, security or surety shall be required of any Executor serving hereunder. ARTICLE IX POWERS OF EXECUTOR & TRUSTEE In addition to the existing authority of the Executor with reirection of the court having jurisdiction over my estate, using "informal", "unsupervised", or "independent" probate or equivalent legislation designed to operate without unnecessary intervention by tch from time to time whether original or substituted and whether one or more. To the extent permitted by law, the Executor shall have the right to administer my estate without adjudication, order or dd stead of my Spouse. References to "Executor" in this my Will shall include each Executor, Executrix, and Personal Representatives of my Will, my estate or any portion thereof who may be acting as su. If my Spouse cannot, does not or is unable to serve or continue to serve as Executor for any reason, I appoint ___________________________________, to be the Executor of this my Will in the place anof the property of such child pursuant to the provisions of applicable law. ARTICLE VIII NOMINATION OF EXECUTOR I appoint my Spouse ___________________________________, as the Executor of this my Wille first aforementioned Guardian. It is my wish that before the expiration of ___ days from the date of my death the appointed Guardian apply to have custody of such child(ren) and act as the guardian nnot, does not or is unable to serve or continue to serve as Guardian for any reason, I appoint ___________________________________, as the Guardian of my minor child(ren) in the place and stead of th________________________________, as the Guardian of my minor child(ren). If such Initials: __________ Testator __________ Witness __________ __________ Witness Witness Page 4 of ______ person caor or Trustee. ARTICLE VII GUARDIAN If my Spouse predeceases me or if it becomes otherwise necessary to appoint a Guardian for any of my minor child(ren) under the age of eighteen years, I appoint ___ovide an accounting to the beneficiaries under the Trust once a year. If a beneficiary is a minor or has a disability, the Trustee may provide such accounting to that beneficiary's Guardian, Conservat_, , to be the Trustee under this Will in the place and stead of the first aforementioned Executor. No bond, security or surety shall be required of any Trustee serving hereunder. The Trustee shall pr__________, as the Trustee under this Will. If such person or entity cannot, does not or is unable to serve or continue to serve as Trustee for any reason, I appoint __________________________________ust if Trustee, in Trustee's own opinion and judgment, feels that the `proceeds' may be subject to any type of seizure or other legal proceeding. ARTICLE VI TRUSTEE I appoint _________________________owing the date of my death and the beneficiary has not accepted any of the benefits so renounced. The Trustee may withhold the distribution of any income or principal to any beneficiaries under the Trd. As to any interest in the trust renounced by a beneficiary, the trust shall be construed as though such beneficiary predeceased me if the beneficiary's renunciation occurred within nine months folld to be a limitation upon the right of any beneficiary to renounce, in whole or in part, any provisions of the trust for the benefit of such beneficiary, or upon any power of appointment herein granteinterest of any beneficiary in the Trust shall not be subject to any assignment, anticipation, creditor's claim, seizure, attachment or other manner of legal process. this provision shall not be deemeproportions as, my Executor would have been required to distribute it had I died intestate, unmarried, and a resident of the state of ___________________ at such time and owning such property. 5. The ation of the Trust created under this Will or when the trust is ended, none of the intended beneficiaries of the trust is living, the Trustee shall distribute the property to whomever and in the same t thereof then remaining shall be divided among any of my other children, who shall be living at the time of the death of such child, in equal shares per stirpes. 4. If at any time prior to the terminmy child(ren) should die before receiving the whole of his or her share under the Trust created by this Will, and if such child leaves no descendants surviving him or her, then such share or the amounh child in equal shares per stirpes. The Trustee shall administer such shares for any descendants under the age of _____________ years as directed by this Will for any of my minor children. If any of ness Page 3 of ______ receiving the whole of his or her share under the Trust created by this Will, then such share or the amount thereof then remaining shall be divided among the descendants of suce shall give that child any remaining income and principal of the Trust. If any of my child(ren) should die before Initials: __________ Testator __________ Witness __________ __________ Witness Witstee shall give that child his or her share of the Trust, including any share of undistributed income. When my youngest child reaches the age of _______ years, this Trust will terminate and the Trusteied for the benefit of the child(ren) such portion shall be added to the principal. 3. As each minor child reaches the age of _______ years, the Trust will terminate as to that child alone and the Trurged to the child(ren)'s share of the final distribution at the termination of the trust. If during any year that the Trust is in effect any portion of the income from the trust is not paid to or appl need not be equal among my children, but should be based on the individual need(s) of my child(ren) and on the availability of assets in the trust. Any such payments shall not be deducted from or chand education (including college and professional education) until such time as each child is no longer a minor as defined herein. If deemed necessary by the Trustee, such amounts paid to my child(ren)easier. 2. The Trustee shall pay any minor child(ren) or their descendants such sums from the income or principal of the Trust as the Trustee deems appropriate for their maintenance, support, health arust by the Trustee and treated as part of the Trust assets. In Trustee's discretion, the Trust assets may be converted into cash or other instruments in order to make the administration of the Trust ce and education of any minor child(ren). The share of the proceeds of any life insurance policy on my life, any pension plan, contract or other policy passing to any minor children shall be held in the Trust assets shall be retained, held, managed, invested, administered and distributed by the Trustee, under the provisions of this Will, in order to provide for the care, health, support, maintenan to any minor child(ren) to the Trustee named in this Will, to invest and to hold in trust, as a private trust, (herein referred to as "Trust" or "Trust assets") for the benefit of my child(ren). 1. Tse children shall be deemed and referred to as "minor child(ren)" for purposes of this Will and the Trust created thereby. I direct the Executor to transfer all assets that have passed under this Wille a sufficient discharge to the Executor. ARTICLE V TRUST FOR MINOR CHILDREN If my Spouse predeceases me and, at the time of my death, any of my child(ren) are under the age of ____________ years, thoon, person with whom the beneficiary resides at the time of the distribution or to any other person the Executor may consider to be a proper recipient thereof. Receipt of any such distribution shall bty, I authorize the Executor to nevertheless make any distribution for any such person directly to the beneficiary or to a parent, guardian, conservator, committee of such person, trustee of such persecifically otherwise provided herein or directed otherwise by law, if any person should become entitled to any share in my estate before attaining the age of majority or while under any other disabiliitness Witness Page 2 of ______ the laws of the State of ____________________, then in effect, as if I had died intestate at the time fixed for distribution under this provision. Except as may be sp, my residuary estate shall be distributed to my heirs-at-law, their identities and respective shares to be determined under Initials: __________ Testator __________ Witness __________ __________ W__________ (name(s) of beneficiary(ies)). If more than one beneficiary is named, then the distribution shall be in equal shares per stirpes. If any such above mentioned beneficiary does not survive meher property not otherwise disposed of by this Will, shall be distributed to: ______________________________________________________________ ___________________________________________________________ child's share shall be distributed equally among any surviving child(ren) or their descendants per stirpes. If none of my children or their descendants survive me, then my residuary estate and any otine who has one or more descendants then living shall be distributed to the then living descendants of the deceased child, per stirpes. If any child predeceases me and leaves no descendants, then that_______ ____________________________________________________________________________ (name(s)) while trying to maintain regard for each child's preference. Each share created for a deceased child of moes not survive me, then my residuary estate and any other property not otherwise disposed of by this Will, shall be distributed in equal shares per stirpes to my child(ren) __________________________y Estate I direct that my residuary estate, including any real property and personal property, be distributed, bequeathed and given to my Spouse. ______________________________________. If my Spouse dence or homestead, if any, shall be distributed to my Spouse ___________________________________. If my Spouse does not survive me, this bequest shall be distributed with my residuary estate. Residuarstributed to ___________________________________. If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate. Primary Residence My interest in my primary residd to ___________________________________. If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate. _____________________________________________ shall be di________________________________. If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate. _____________________________________________ shall be distributety. ARTICLE IV DISPOSITION OF PROPERTY Specific Bequests I direct that the following specific bequests be made from my estate. _____________________________________________ shall be distributed to ___ble by a purchaser or transferee in connection with any property transferred to or acquired by such purchaser or transferee upon or after my death pursuant to any agreement with respect to such proper of the taxes. Initials: __________ Testator __________ Witness __________ __________ Witness Witness Page 1 of ______ This direction shall not extend to or include any such taxes that may be payaship. The payment of the taxes shall be made regardless of whether the taxes are owed by my estate or by any beneficiary. The Executor shall not seek reimbursement from any beneficiary for the paymentassing under this Will or any codicil hereto, outside of this Will, in connection with any insurance on my life or any gift or benefit given or conferred by me either during my lifetime or by survivorund for the purpose of paying any inheritance taxes in the amount necessary to pay said inheritance taxes. The payment of the taxes shall be made regardless of whether the taxes are owed on property p taxes and inheritance taxes) and any interest and penalties thereon owed because of my death shall be paid out of the residue of my estate. The Executor shall create, out of the residue, a separate f OF DEBTS AND EXPENSES I direct that my just debts, testamentary expenses and expenses of last illness be first paid out of and charged to the capital of my general estate. All taxes (including incomequisition of any burial site and the erection and engraving of monuments and markers, regardless of any limitation fixed by statute or rule of court and without order of any court. ARTICLE III PAYMENT & BURIAL EXPENSES I authorize the Executor of my Will to pay such sums as the Executor deems proper for my funeral, cremation or burial and interment, including the disposition of the ashes or the ac_ Born on _________________ Name: ____________________________________________ Born on _________________ Name: ____________________________________________ Born on _________________ ARTICLE II FUNERAL_________ (name of spouse). All references to "my Spouse" refer to ________________________________ (name of spouse). I have the following child(ren): Name: _________________________________________________________ (state), revoke my former Wills and Codicils and publish and declare this to be my Last Will and Testament. ARTICLE I SPOUSE & CHILDREN I am married to _________________________________ocument should be discussed with a tax professional. Last Will And Testament Of ______________________ I, _________________________________________ (name), of ____________________ (county), _________ first to make sure it fits your particular situation. Advice from a local attorney is always recommended when dealing with estate planning matters. Any possible tax consequences arising out of this dte for legal and/or tax advice. Laws vary from time to time and from state to state. These forms should only be a starting point for you and should not be used or signed without consulting an attorney as the "Marital Deduction". If the recipient spouse is not a U.S. citizen, the deduction is limited (it was $100,000 in 1999). This information and these forms are not intended and are not a substiture holding in trust; any joint property you own In addition, each individual may leave an unlimited amount to his or her spouse upon death without any federal estate tax liability. This is referred to other personal effects); [] partnership (business) interests; [] individual retirement accounts and qualified employee benefit plans; [] the face value of any life insurance policy; [] property you ahe assets in your estate. Assets may include the following: [] real estate; [] stocks and bonds; [] bank accounts; [] tangible personal property (household furnishings and furniture, jewelry, art, andme near the $1,000,000 level, you really shouldn't use this will and should consult with tax professionals and an attorney. Before using this Will, it may be helpful to determine the value of all of ttate tax. As your estate approaches $1,000,000 in value and exceeds that amount, the greater your need for professional estate tax planning advice. If Information about Wills ­ Page 2 your assets co00,000. The amount of the credit increases over the next few years. The credit is available to each individual and his or her spouse. Estates totaling $1,000,000 or more could be subject to federal esovides that upon the death of an individual, there is a credit against the estate tax otherwise due on a portion of the value of an individual's estate. For a person dying in 2003, that credit is $1,0ipal estate-planning document. If you have a large estate, you may need more complicated planning to reduce or limit death taxes. Testators should have an understanding of tax laws. Federal tax law prts self-proving, but requires the affidavit to be in a specific format similar to the one included in our wills. The Will is for anyone in any life situation where this Will is to be used as the princfornia and the District of Columbia, the courts have some latitude to accept a will as self proved, to require an affidavit of the witnesses or to require the witnesses to testify. New Hampshire permiidavit in those states will not invalidate the Will (since it is a separate document from the Will). In those states, it will have to be "proven" in court, like any other will. In Ohio, Maryland, Calion. A few states like Louisiana, Maryland, Ohio and Vermont (as of 1999).do not have statutes permitting self proving wills. The affidavit will be of no use in those states. However, including the affare not available when they are needed.. However, even with the Affidavit, the Will may still be subject to contest on such grounds as undue influence, lack of testamentary capacity, or prior revocatifor signing a Will were followed. The Affidavit may eliminate the need to have witnesses testify, that the formalities in signing the Will were followed. The Affidavit can also be useful if witnesses ws, all wills were proved by having one or more of the witnesses come into court and testify under oath, or through sworn affidavits, that each saw the Testator sign the will and that the formalities The Affidavit does not affect the validity or legality of the Will. However, it can speed up the admission of the Will to probate after the death of the Testator. Before the adoption of more modern laed self-proving affidavit, which contains the Testator's acknowledgment and the affidavit of the witnesses, made before a Notary, that all required formalities were observed when the Will was signed. ry designations (such as life insurance or employee benefit plans), and assets held in trust generally will not be required to be probated and will not be governed by this Will. The Will has an enclosbate for the Testator's estate. It merely directs how the assets that are individually owned by the Testator will be distributed. Assets held jointly with rights of survivorship, assets with beneficias of Use found at findlegalforms.com Information about Wills This Will distributes the assets of the person making the Will (the "Testator") as specified by the Testator. This Will does not avoid proplanning matters. Any possible tax consequences arising out of this document should be discussed with a tax professional. [_] The purchase and use of these forms is subject to the Disclaimers and Termr you and should not be used or signed without consulting an attorney first to make sure it fits your particular situation. Advice from a local attorney is always recommended when dealing with estate completeness. [_]These forms are not intended and are not a substitute for legal and/or tax advice. Laws vary from time to time and from state to state. These forms should only be a starting point fol requirements. [_] These forms are provided "as is" and no implied or express warranties have been made or are provided as to their suitability for any specific purpose or as to their legal effect ore. All wills should be reviewed by a lawyer before they are signed. If the Testator moves to another state, the current will should be checked by a lawyer in their new state to make sure it meets locahat the total of all of the beneficiary's percentages equal 100%. Check the totals before signing the Will. State and federal laws that affect estate planning can vary over time and from place to placon of the estate. Consult an attorney if you wish to disinherit a spouse or any children. If any part of the Will Checklist & Instructions ­ Page 5 calls for distribution in percentages, make sure tor one of the Executors dies.. Most state laws guarantee a minimum share of an estate to a spouse when the other spouse dies. The Will may be invalid if a spouse receives nothing or only a small portie destroyed and an entirely new Will should be signed. New wills are commonly necessary when, for example, the Testator's marital status changes, if the Testator has a child or if a named beneficiary he Will, do not modify it by adding, deleting, or modifying words on the face of the Will. Such changes are usually disregarded. Instead, when changes are desired, the original and all copies should b based on the size of the total taxable estate and other matters. The tax results of the choices made in this Will should be discussed with a competent tax advisor. If it becomes necessary to change tn benefits, life insurance proceeds and survivor benefits arising in other contracts and plans are not normally governed by a will. This Will is not designed to reduce taxes. Estate taxes, if any, are law or by any contract. For example, the Will does not dispose of property held in joint tenancy with rights of survivorship or property held in trust. In addition, the distribution of retirement plarovided to the person named as Executor / Personal Representative. This Will does not dispose of property that, on the death of the Testator, would automatically pass to another person by operation ofs may used for reference purposes, only the original can be admitted to probate. Copies are rarely accepted. A copy of the Will should be kept by the Testator and may also (if Testator so wishes) be pn such as a safe deposit box at a bank or lawyer's office. Unlike other legal instruments where multiple originals are prepared, only one original "copy" of a will should be prepared. While photocopieto make sure that they are willing and can serve. If you select a bank or trust company, be sure to check into their fees for such services. The original of the Will should be kept in a secure locatiorust company) that can be trusted to manage and administer the Trust that may be set up for your child(ren). It is best to talk to people (and banks or trust companies) before naming them as Trustee, aming them as the Guardian of the child(ren), to make sure that they are willing and can serve. Great care should be taken in selecting the Trustee. It is very important to pick a person (or bank or tefully as this person may have custody of the Testator's child(ren). It is also very important to pick a person that can be trusted to take care of the chil(ren). It is best to talk to people before n Personal Representative, to make sure that they are willing and can serve. If you select a bank or trust company, be sure to check into their fees for such services. The Guardian should be picked carank or trust company) that can be trusted to handle financial matters and to deal appropriately with family members. It is best to talk to people (and banks or trust companies) before naming them as a the self-proving affidavit) should be entered by hand in the bottom right of each page. The Personal Representative / Executor, should be picked carefully. It is very important to pick a person (or b administer oaths. The affidavit states that all required formalities were observed when the Will was signed. Checklist & Instructions ­ Page 4 The total number of pages (excluding i.e. not countingd attach it to the end of the Will. The Affidavit contains the Testator's acknowledgment and the affidavit of the witnesses, made before a Notary or other person authorized to take acknowledgments andincluded, should not be counted because the affidavit is not a part of the Will itself. The Testator and the witnesses should sign the self-proving affidavit (called "Proof of Will" in some states) an an earlier Will). The Witnesses should indicate the total number of pages in the Will, including the page(s) on which the witness signature lines appear. The page with the self-proving affidavit, if ted, the date should be filled in (preferably by hand), with the date of the actual signing. This step could be crucial to determine the validity of the Will at a later date (i.e. if this Will revokesf the Testator and each other and of the notary public. The witnesses must be satisfied that the Testator is an adult of sound mind and he/she is signing the Will freely and willingly. Wherever requesf each page of the Will. This can prevent subsequent substitution of pages. The witnesses should also initial the bottom of each page of the Will. All witnesses must sign their names in the presence o about to sign is my Last Will and Testament. I am signing it freely and voluntarily" or similar words. Although not required in most states, it is a good idea for the Testator to initial the bottom oto be signed is intended to be the Testator's Last Will and Testament. However, the witnesses don't need to read or know the contents of the Will. For example, the Testator can say: "The document I am notary should watch the Testator sign the Will. The notary public is needed for the self-proved affidavit. Before signing the Will, the Testator should orally declare that the document that is about or if one of the witnesses can't be located. The witnesses should not be beneficiaries under the Will. For example, children, spouses, heirs or executors should not be witnesses. All witnesses and thesinterested and adult witnesses and a notary public. The signature of a third witness can provide additional protection if the signature of one of the witnesses is deemed to be invalid for any reason ives and others who might be entitled to a share of the estate. Although most states only require two witnesses, the Testator should sign the Will in the presence of three (3) qualified, competent, diage (i.e. eighteen in most states). Being of "sound mind" usually means that the Testator knows that he/she is signing a Will, is familiar with the property and the value thereof and knows about relat signed , by the Testator, all Witnesses and a Notary in front of each other. The Testator (i.e. the person who is writing the Will) must be of "sound mind" when signing the Will and must be of legal ally not part of the Will) states that all required formalities were observed when the Will was signed. The Affidavit · · · · · · · · Checklist & Instructions ­ Page 3 needs to be completed andure; []name Witnesses: Witnesses must provide and fill out: [] name of state; [] number of pages; [] name of testator; []witness signatures and info Affidavit: The enclosed Affidavit (although technicand or wife has a will which contains a similar paragraph or wording, then delete , Paragraph 7 (Survival) from this Will. Signature Block: Testator needs to fill out: [] day month year city; []Signatld have this (or this type) of paragraph. Basically: (a) if your husband or wife has a will and there is no similar paragraph in it, then keep Paragraph 7 (Survival) in this Will; but (b) if your husbneous provisions. IMPORTANT NOTE: Paragraph 7 (Survival) in this section is important. If both spouses (i.e. husband and wife) have a Will (which is always recommended) then only one of the Wills shoucutor. Article IX: Powers of Executor and Trustee empowers them to deal with matters like taxes, taking care of the property, and making distributions to the beneficiaries Article X: Contains miscelland expenses, the Personal Representative will pay whatever is left to the beneficiaries named in the will. Testator must provide and fill out [] the name of executor (spouse); [] name of alternate exe of managing the testator's property. The Personal Representative is also responsible for paying outstanding debts, administration expenses and taxes out of the testator's estate. After paying debts aate; It allows the Testator to name an Executor to administer the estate, and an alternate in case the first choice cannot serve. The Executor will have the responsibility (after the testator's death)ithin which Guardian should to apply to be officially appointed as guardian of child(ren). Article VIII: Deals with the appointment of the Testator's Personal Representative (i.e. Executor) and alternand an alternate for any minor children in the event the spouse predeceases the Testator. Testator must provide and fill out [] the name of Guardian; [] name of alternate Guardian; [] number of days wssing under the Will for any child(ren) under a certain age. Testator must provide and fill out [] the name of Trustee; [] name of alternate Trustee. Article VII: Deals with appointment of a Guardian VI: Deals with appointment of Trustee and Trustee's specific duties/responsibilities. It allows the Testator to name a person and an alternate to act as the Trustee that will administer the assets pa age when children should not be considered minors any longer for purposes of the Trust (this needs to be entered four (4) times in this section); ; [] state under whose laws the will is made. Articlehose laws the will is made · · · Checklist & Instructions ­ Page 2 · Article V: Deals with the creation of a trust for any minor children if spouse dies before Testator. Testator must fill out: [] the event the Spouse predeceases the Testator; [] name of alternate beneficiaries in the event that all children predecease the Testator and there are no descendants of the children; [] state under w of Spouse to whom Testator's interest in any primary residence is given; [] name of Spouse to whom the Residuary Estate is given to; []name of child(ren) to whom the residuary estate will be given inrovide and fill out: [] description of property (or dollar amount); [] name(s) of person/entity property is given to (three blank paragraphs are provided, but you can add as many as you need). [] nameArticle IV: Disposes of specific property, primary residence and residuary property. Allows Testator to give specific dollar amounts or other property to specific persons or charities. Testator must pided for names of children. You can add or remove spaces for names as necessary. Article II: Authorizes payment of funeral and burial expenses. Article III: Authorizes payments of debts and expenses. I: Gives the name of the spouse and any child(ren). Testator must provide and fill out [] name of spouse (in two places); [] name of child(ren) and date of birth for each child. Three spaces are provator in blank space under title "Last Will and Testament of". Introduction: Contains preliminary information about the will. Testator must provide and fill out: [] name, [] county and [] state Articlech section is explained below. Some sections require information to be provided and filled out in the space provided. The enclosed Affidavit also needs to be completed. · · · Title: Enter name of Test The Will also allows the Testator to make specific gifts to others as well. This Will is suitable for estates worth less than $1,000,000. This Will is divided into various sections. The content of eame of the Testator's death and the spouse has pre-deceased the Testator, the Will allows the appointment of a Guardian for any minor child(ren) and a Trustee to administer the minor children's assets.t distributes the assets of the Testator (i.e. person making the will) to the spouse if he/she survives the Testator, otherwise the assets will go to the children. If the children are minors at the ti Will ­ Married Person with Minor Children with selfproved affidavit. This Will is for use by a married person (husband or wife) with one or more minor children and includes a self-proved affidavit. IChecklist and Instructions Will - Married Person with Minor Children This package contains (1) Checklist and Instruction for Will ­ Married Person with Minor Children; (2) Information about Wills; (3) New Hampshire