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In re Estate of Hollett

Supreme Court of New Hampshire

834 A.2d 348 (N.H. 2003)

Relevant factsFree

John Hollett, a 52-year-old real-estate developer worth about $6 million with five children from a prior marriage, became engaged to 22-year-old Erin (plaintiff), a high-school dropout with minimal assets and no familiarity with his business; John insisted he wouldn't marry without a prenuptial agreement, which Erin initially refused, but roughly two years later, less than two days before their 200-guest, already-paid-for wedding, he presented her a prenuptial agreement waiving many marital rights including alimony. Erin met with an attorney for the first and only time the day before the wedding; that attorney believed John's financial disclosures were inadequate but had no time to verify them, and Erin signed the agreement the morning of the wedding. After John died, Erin petitioned to invalidate the agreement; Kathryn (John's ex-wife) and his five children opposed, the probate court upheld the agreement, and Erin appealed.

IssueFree

Whether a prenuptial agreement is enforceable when presented to a much younger, financially unsophisticated fiancée just two days before an already-arranged, fully paid-for wedding, leaving inadequate time to verify the wealthier fiancé's financial disclosures or fully consider the agreement's terms.

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