Section 551:13 Revocation.
I. Except as provided in paragraph II, no will or clause thereof shall be revoked unless by some other valid will or codicil, or by some writing executed in the same manner, or by canceling, tearing, obliterating or otherwise destroying the same by the testator, or by some person by the testator's consent and in the testator's presence.
II. If after executing a will the testator is divorced or the marriage is annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator, or guardian, unless the will expressly provides otherwise. Property prevented from passing to a former spouse because of revocation by divorce or annulment passes as if the former spouse and all heirs in the descending line of such former spouse who are not also heirs at law of the decedent failed to survive the decedent, and other provisions conferring some power or office on the former spouse are interpreted as if the spouse and all heirs in the descending line of such former spouse who are not also heirs at law of the decedent failed to survive the decedent. Any bequest or devise to any such heirs in the descending line of such former spouse that is contingent upon such spouse predeceasing the testator is revoked by this section, unless the will expressly provides otherwise. If provisions are revoked solely by this section, they are revived by the testator's remarriage to the former spouse. A decree of separation which does not terminate the status of husband and wife is not a divorce for the purposes of this section. No change of circumstances other than as described in this section revokes a will.
III. If after executing a trust instrument in which a sole grantor reserves a power to alter, amend, revoke or terminate the provisions of the trust, the grantor is divorced or the marriage is annulled, the divorce or annulment revokes any disposition or appointment of property made by the trust to the former spouse, any provision conferring a general or special power of appointment to the former spouse, and any nomination of the former spouse as trustee, unless the trust expressly provides otherwise. Property prevented from passing to a former spouse because of revocation by divorce or annulment passes as if the former spouse and all heirs in the descending line of such former spouse who are not also heirs at law of the decedent failed to survive the decedent, and other provisions conferring some power or office on the former spouse are interpreted as if the spouse and all heirs in the descending line of such former spouse who are not also heirs at law of the decedent failed to survive the decedent. Any devise or distribution to any such heirs in the descending line of such former spouse that is contingent upon such spouse predeceasing the grantor is revoked by this section, unless the trust expressly provides otherwise. If provisions are revoked solely by this paragraph, they are revived by the grantor's remarriage to the former spouse. A decree of separation which does not terminate the status of husband and wife is not a divorce for the purposes of this paragraph. No change of circumstances other than as described in this paragraph revokes a trust.
Source. RS 156:13. CS 165:13. GS 174:14. GL 193:14. PS 186:14. PL 297:13. RL 350:13. RSA 551:13. 1998, 127:1. 1999, 148:1. 2003, 31:1, eff. Jan. 1, 2004.