Will Witness Requirements in Windham, New Hampshire

When it comes to estate planning, the creating of a will is a crucial step in ensuring that all assets are distributed according to your wishes when you pass away. That being said, it is important to point out that a will is a legally binding document and must meet certain requirements for it to be effective. One key component of a will is the presence of a witness.

Witnesses play a crucial role in establishing the legitimacy of a will. They will also ensure that the will was created and signed by the testor in line with the laws and regulations of Windham, NH.

Without the presence of witnesses, a Will may be deemed invalid and thus may not be implemented.

It is extremely important to understand all the legal requirements when it comes to Wills. Doing this will ensure that you are able to select the right individuals to serve as witnesses.

Who Can Witness to a Will in Windham, New Hampshire

When crafting a will in Windham New Hampshire (NH), it is important to fully understand all the various requirements, especially who may serve as a witness to the will. Before looking at the basic requirements for Will Witnesses, it is important to ensure that the individuals are trustworthy and credible who will attest that you signed and executed the Will in their presence.

That being said, any person who can be a witness to a will must meet two key requirements.

Foremost, the person must be of the legal adult age. They should not have any direct interest to the will, whatsoever. The type of people who can serve as a witness to a will may include;

Apart from all the above individuals, your estate planning lawyer in Windham New Hampshire can also serve as a witness to the will as long as they are not named as beneficiaries to the will. In instances where your attorney serves as the executor of the Will, they can still serve as witnesses to the will

Who Cannot Serve as Witness to A Will in Windham, New Hampshire

As mentioned earlier, any person who stands to benefit from the Will may not serve as a witness to the Will. If you are drafting a will which will leave your assets to your children, siblings, parents or spouse, none of these individuals may serve as witnesses. Laws and regulations in Windham, New Hampshire also prevent spouse and relatives from serving as witnesses to the Will.

For example, when you intend leaving money or land for your brother and his wife, with your brother being the executor. Your brother cannot serve as witness to the will, since he is a direct beneficiary to the will.

In addition, individuals who are under the age of 18 years, cannot serve as witness to a will in Windham, New Hampshire. Other individuals who cannot serve as witnesses to a will include persons who are not of sound mind or anyone who does not fully understand the implications of the documents they will be witnessing to.


If you feel overwhelmed with the entire process, then you should contact our qualified estate planning lawyers in Windham New Hampshire. At Cohen & Winters PLLC, we will not only help you through the process quickly, but we will also answer all your questions. Book an appointment with us today to get started.

To speak with our estate planning lawyers in Windham NH, Click here to schedule a free consultation or Call Us at (603) 836-8453.

Free Consultation