HB1448 (2022) Detail

Relative to the pretermitted heir statute.


CHAPTER 261

HB 1448 - FINAL VERSION

 

15Mar2022... 0394h

04/21/2022   1583s

2022 SESSION

22-2023

04/05

 

HOUSE BILL 1448

 

AN ACT relative to the pretermitted heir statute.

 

SPONSORS: Rep. Lynn, Rock. 7; Rep. Umberger, Carr. 2

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill revises the statute governing pretermitted heirs.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Mar2022... 0394h

04/21/2022   1583s 22-2023

04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to the pretermitted heir statute.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

261:1  Wills; Child Not Named.  RSA 551:10 is repealed and reenacted to read as follows:

551:10  Child Not Named.  

I.  In this section:

(a)  "Estate" means all property of the testator subject to probate administration and disposition under the testator’s will.

(b)  "Devise" means any testamentary disposition of real or personal property made under the testator’s will.

II.  Except as provided in paragraph III, if a testator fails to provide in the testator’s will for any of the testator’s children born or adopted after the execution of the will, the omitted after-born or after-adopted child shall receive a share in the estate as follows:

(a)  If the testator had no child living when the testator executed the will, an omitted after-born or after-adopted child receives a share in the estate equal in value to that which the child would have received had the testator died intestate, unless the will devised all or substantially all of the estate to the other parent of the omitted child and that other parent survives the testator and is entitled to take under the will.  The share to which the omitted child shall be entitled under this subparagraph shall be satisfied first from the residue of the estate and if insufficient, from the other assets of the estate pro rata.

(b)  If the testator had one or more children living when the testator executed the will, and the will devised property or an interest in property to one or more of the then-living children, an omitted after-born or after-adopted child is entitled to share in the testator’s estate as follows:

(1)  The portion of the testator’s estate in which the omitted after-born or after-adopted child is entitled to share is limited to devises made to the testator’s then-living children under the will.

(2)  The omitted after-born or after-adopted child is entitled to receive the share of the testator’s estate, as limited in subparagraph (b)(1), that the child would have received had the testator included all omitted after-born and after-adopted children with the children to whom devises were made under the will and had given an equal share of the estate to each child.

(3)  To the extent feasible, the interest granted an omitted after-born or after-adopted child under this section must be of the same character, whether equitable or legal, present or future, as that devised to the testator’s then-living children under the will.

(4)  In satisfying a share provided by this paragraph, devises to the testator’s children who were living when the will was executed abate ratably.  In abating the devises of the then-living children, the character of the testamentary plan adopted by the testator shall be preserved to the maximum extent possible.

III.  Neither subparagraph II(a) or (b) shall apply if it appears from the will that the omission was intentional.

IV.  If at the time of execution of the will the testator fails to provide in the testator’s will for a living child solely because the testator believes the child to be dead, the child is entitled to share in the estate as if the child were an omitted after-born or after-adopted child.

261:2  Repeal.  RSA 551:11, relative to the share of an unnamed child, is repealed.

261:3  Applicability.  This act shall apply to all wills executed before or after the effective date of this act, except that this act shall not apply to those wills executed by a testator who died prior to the effective date of this act.

261:4  Effective Date.  This act shall take effect January 1, 2023.

 

Approved: June 24, 2022

Effective Date: January 01, 2023

Links


Date Body Type
Jan. 13, 2022 House Hearing
Jan. 13, 2022 House Exec Session
House Floor Vote
April 14, 2022 Senate Hearing
April 21, 2022 Senate Floor Vote

Bill Text Revisions

HB1448 Revision: 36754 Date: June 28, 2022, 8:56 a.m.
HB1448 Revision: 36376 Date: May 12, 2022, 3:23 p.m.
HB1448 Revision: 35847 Date: April 21, 2022, 5:44 p.m.
HB1448 Revision: 35764 Date: April 21, 2022, 10:45 a.m.
HB1448 Revision: 35283 Date: March 15, 2022, 2:04 p.m.
HB1448 Revision: 35105 Date: March 4, 2022, 2:08 p.m.
HB1448 Revision: 34090 Date: Dec. 1, 2021, 2:57 p.m.

Docket


June 29, 2022: Signed by Governor Sununu 06/24/2022; Chapter 261; eff. 01/01/23 HJ 14


June 14, 2022: Enrolled (in recess of) 05/26/2022 HJ 14


June 13, 2022: Enrolled Adopted, VV, (In recess 05/26/2022); SJ 13


May 13, 2022: House Concurs with Senate Amendment (Rep. Gordon): MA VV 05/12/2022 HJ 13


April 21, 2022: Ought to Pass with Amendment 2022-1583s, MA, VV; OT3rdg; 04/21/2022; SJ 9


April 21, 2022: Sen. Carson Floor Amendment # 2022-1583s, AA, VV; 04/21/2022; SJ 9


April 21, 2022: Sen. Carson Moved to Remove HB 1448 from the Consent Calendar; 04/21/2022; SJ 9


April 14, 2022: Committee Report: Ought to Pass, 04/21/2022; Vote 5-0; CC; SC 16


April 7, 2022: Hearing: 04/14/2022, Room 100, SH, 01:45 pm; SC 15


March 22, 2022: Introduced 03/17/2022 and Referred to Judiciary; SJ 6


March 16, 2022: Ought to Pass with Amendment 2022-0394h: MA VV 03/15/2022 HJ 6


March 16, 2022: Amendment # 2022-0394h: AA VV 03/15/2022 HJ 6


March 4, 2022: Committee Report: Ought to Pass with Amendment # 2022-0394h (Vote 21-0; CC)


March 4, 2022: Executive Session: 01/13/2022 02:15 pm LOB 206-208


Jan. 8, 2022: Public Hearing: 01/13/2022 02:15 pm LOB 206-208


Dec. 1, 2021: Introduced 01/05/2022 and referred to Judiciary