New Hampshire
How Barsotti v. Barsotti applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Trusts & Estates.
New Hampshire follows the principle of testamentary intent and the revocation of wills as established in Barsotti v. Barsotti. The state places considerable weight on the decedent's intent and the clear manifestation of such intent in testamentary documents.
In New Hampshire, a will may be revoked by a subsequent will or by a physical act indicating the testator's intention to revoke. Clear evidence of the testator's intent is crucial to proving revocation.
The court upheld the decedent's later will as valid, asserting that the clear intent and properly executed form eliminated any previous conflicting documents.
The revocation of a will through physical destruction was valid as the decedent's intent was evident through the circumstances surrounding the act.
Affirmed that the clear expression of a testator’s intent is pivotal when determining the validity of conflicting wills.
New Hampshire's approach to testamentary intent aligns closely with the Uniform Probate Code (UPC) principles recognized in federal contexts, which similarly prioritize the testator's intent. However, New Hampshire's emphasis on physical acts as valid revocation may diverge from some interpretations of the UPC, which focus more on formalities.
Understanding the principles of testamentary intent and revocation is essential for the New Hampshire bar exam, where questions may involve the validity of wills under varying circumstances.