You Can Now Have Wills and Trusts Approved During Your Lifetime
September 7th, 2015 by beasleyferber
In New Hampshire, a fairly new law allows someone who has made a will or trust to petition the probate court for an order confirming the validity of his will or trust. This procedure can come in handy where a challenge to the will or trust is expected. There is no requirement that this be done, and failure to do so can’t be used as evidence or an admission that the will or trust is invalid.
To prove a will oe trust during life, the person must file a petition with the probate court and provide notice to certain “interested persons,” including the spouse, next of kin and beneficiaries, and the executor or trustee. The court will hold a hearing on the petition to determine whether the will or trsut is valid. After the testator’s death, the court must admit a pre-validated will to probate, except to the extent that the testator modified or revoked the will after the court validated it.