The right of election of a surviving spouse may be waived, wholly or partially, by a written agreement, or by a waiver signed by the surviving spouse. A valid waiver by a surviving spouse of a right of election against a will must meet three requirements:
1. It must be in the form of a written contract or agreement;
2. It must be signed by the party waiving the right; and
3. There must have been fair disclosure.
The New Hampshire Certification of Waiver by Attorney for Surviving Spouse is a legal document that allows the surviving spouse to waive their rights to receive a certain portion of the deceased spouse's estate as outlined in the state's intestacy laws. This waiver is typically requested when the deceased spouse has left a will or a trust that does not provide for the surviving spouse or if they have chosen to distribute their assets differently. The purpose of obtaining a Certification of Waiver by Attorney for Surviving Spouse is to establish that the surviving spouse has been advised by their attorney on their rights and potential consequences of waiving their claim to the estate. This document serves as evidence that the surviving spouse understands the implications of their decision and has made an informed choice to waive their rights. In New Hampshire, there are various types of Certification of Waiver by Attorney for Surviving Spouse, including: 1. Certification of Waiver by Attorney for Surviving Spouse for Decedents with a Will: This form is used when the deceased spouse has left a valid will, but it does not provide for the surviving spouse or when the surviving spouse is not entitled to a statutory share of the estate. 2. Certification of Waiver by Attorney for Surviving Spouse for Decedents without a Will: This type of certification is applicable when the deceased spouse has not left a will, also known as dying intestate. In such cases, the surviving spouse may choose to waive their rights to the statutory share of the estate. 3. Certification of Waiver by Attorney for Surviving Spouse for Trusts: This form is used when the deceased spouse has placed their assets in a trust and did not include provisions for the surviving spouse, or if the surviving spouse is not entitled to any benefits from the trust. 4. Certification of Waiver by Attorney for Surviving Spouse for a Partial Waiver: This certification is employed when the surviving spouse wishes to waive only a portion of their rights to the estate or trust. It allows the surviving spouse to retain certain assets while relinquishing their claim to others. It is crucial to consult with an experienced attorney to ensure the accurate completion of the New Hampshire Certification of Waiver by Attorney for Surviving Spouse, as it involves complex legal matters and implications for the surviving spouse's rights to the estate.
