reglab/housing_qa huggingface dataset:
NH Rev Stat § 564-B:4-402A (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:4-402A - Duration of Trusts.

    564-B:4-402A Duration of Trusts. –||(a) Unless a trust is subject to the rule against perpetuities or is a trust for the care of an animal under RSA 564-B:4-408, a trust may be perpetual or may exist for any shorter period of time.||(b) The rule against perpetuities shall not apply to a trust or any disposition of trust property if:||(1) the terms of the trust expressly exempt the trust from the application of the rule against perpetuities; and||(2) under the terms of the trust, an applicable statute, or common law, the trustee or other person to whom the power is properly granted or delegated has the power to sell, mortgage, or lease trust property for any period of time beyond the period that, if this section did not apply to the trust, would be required for an interest in the trust to vest in order to be valid under the rule against perpetuities.||(c) The rule against accumulations shall not apply to any trust to which the rule against perpetuities does not apply.||(d) Subsections (b) and (c) apply to any trust created on or after January 1, 2004. This section otherwise applies to any trust created before, on, or after the effective date of this chapter.|||Source. 2014, 195:14, eff. July 1, 2014.|
NH Rev Stat § 564-B:4-403 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:4-403 - Trusts Created in Other Jurisdictions.

    564-B:4-403 Trusts Created in Other Jurisdictions. –||A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation:||(1) the settlor was domiciled, had a place of abode, or was a national;||(2) a trustee was domiciled or had a place of business; or||(3) any trust property was located.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:4-404 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:4-404 - Trust Purposes.

    564-B:4-404 Trust Purposes. –||A trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries, as their interests are defined under the terms of the trust.|||Source. 2004, 130:1, eff. Oct. 1, 2004. 2011, 243:10, eff. Sept. 11, 2011.|
NH Rev Stat § 564-B:4-405 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:4-405 - Charitable Purposes; Enforcement.

    564-B:4-405 Charitable Purposes;  Enforcement. –||(a) A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to the community.||(b) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intention to the extent it can be ascertained.||(c) The settlor of a charitable trust or the director of charitable trusts, among others, may maintain a proceeding to enforce the trust. In any such proceeding where the director of charitable trusts is not a party, the director of charitable trusts shall be joined as a necessary party.|||Source. 2004, 130:1. 2006, 320:52, eff. Aug. 19, 2006.|
NH Rev Stat § 564-B:4-407 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:4-407 - Evidence of Oral Trust.

    564-B:4-407 Evidence of Oral Trust. –||Except as required by a statute other than this chapter, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:4-408 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:4-408 - Trust for Care of Animal.

    564-B:4-408 Trust for Care of Animal. –||(a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.||(b) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.||(c) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor's successors in interest.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:4-409 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:4-409 - Noncharitable Trust Without Ascertainable Beneficiary.

    564-B:4-409 Noncharitable Trust Without Ascertainable Beneficiary. –||Except as otherwise provided in RSA 564-B:4-408 or by another statute, the following rules apply:||(1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose.||(2) A trust authorized by this section may be enforced by a trustee, a trust advisor, a trust protector, a person appointed under the terms of the trust or, if no person is so appointed, by a person appointed by the court.||(3) Except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use, property of a trust authorized by this section may be applied only to its intended use, including appointing trust property to or for the benefit of an existing or new trust whose purposes are limited to one or more purposes of the original trust. Except as otherwise provided by the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor's successors in interest.|||Source. 2004, 130:1. 2006, 320:53, eff. Aug. 19, 2006. 2008, 374:8, eff. Sept. 9, 2008.|
NH Rev Stat § 564-B:4-410 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:4-410 - Modification or Termination of Trust; Proceedings for Approval or Disapproval.

    564-B:4-410 Modification or Termination of Trust;  Proceedings for Approval or Disapproval. –||(a) In addition to the methods of termination prescribed by RSA 564-B:4-411 through RSA 564-B:4-414, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become unlawful, contrary to public policy, or impossible to achieve.||(b) Any of the following persons may commence a judicial proceeding to approve or disapprove a proposed modification or termination under RSA 564-B:4-411 through RSA 564-B:4-416, a proposed trust combination under RSA 564-B:4-417(a), or a proposed trust division under RSA 564-B:4-417(b):||(1) A trustee;||(2) A trust advisor or trust protector to the extent that, under the terms of the trust, the trust advisor or trust protector has:||(A) The power to modify the terms of the trust;||(B) The power to terminate the trust;||(C) The power to commence a judicial proceeding to modify the terms of the trust;||(D) The power to commence a judicial proceeding to terminate the trust;||(E) The power to direct the modification of the terms of the trust;||(F) The power to direct the termination of the trust; or||(G) Any substantially similar power;||(3) A beneficiary; or||(4) To the extent that the trust is a charitable trust, the director of charitable trusts.||(c) A settlor of a charitable trust may commence a judicial proceeding to modify the trust under RSA 564-B:4-413, and in that proceeding, the director of charitable trusts shall be a necessary party.||(d) A modification or termination under RSA 564-B:4-410, RSA 564-B:4-411, RSA 564-B:4-412, RSA 564-B:4-413, RSA 564-B:4-415, or RSA 564-B:4-416 shall not violate any of the trust's material purposes.|||Source. 2004, 130:1. 2005, 270:9, eff. Sept. 20, 2005. 2015, 272:60, eff. Oct. 1, 2015. 2017, 257:9, eff. Sept. 16, 2017.|
NH Rev Stat § 564-B:4-411 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:4-411 - Modification or Termination of Noncharitable Irrevocable Trust by Consent.

    564-B:4-411 Modification or Termination of Noncharitable Irrevocable Trust by Consent. –||(a) A noncharitable irrevocable trust may be terminated upon consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A noncharitable irrevocable trust may be modified upon consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.||(b) Upon termination of a trust under subsection (a), the trustee shall distribute the trust property as agreed by the beneficiaries.||(c) If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection (a), the modification or termination may be approved by the court if the court is satisfied that:||(1) if all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and||(2) the interests of a beneficiary who does not consent will be adequately protected.|||Source. 2004, 130:1. 2005, 270:10, eff. Sept. 20, 2005.|
NH Rev Stat § 564-B:4-412 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:4-412 - Modification or Termination Because of Unanticipated Circumstances or Inability to Administer Trust Effectively.

    564-B:4-412 Modification or Termination Because of Unanticipated Circumstances or Inability to Administer Trust Effectively. –||(a) Upon petition by a trustee, the director of charitable trusts (in the case of a charitable trust) or an interested person other than the settlor, the court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.||(b) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.||(c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.|||Source. 2004, 130:1. 2006, 320:54, eff. Aug. 19, 2006. 2017, 257:10, eff. July 18, 2017.|
NH Rev Stat § 564-B:4-413 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:4-413 - Cy Pres.

    564-B:4-413 Cy Pres. –||(a) Except as otherwise provided in subsection (b), if a particular charitable purpose becomes impossible, impracticable, illegal, obsolete, ineffective or prejudicial to the public interest to achieve:||(1) the trust does not fail, in whole or in part;||(2) the trust property does not revert to the settlor or the settlor's successors in interest; and||(3) upon petition by a trustee, the director of charitable trusts or an interested person other than the settlor, the court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, to a charitable purpose that is useful to the community and fulfills as nearly as possible the general charitable intent of the settlor.||(b) A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection (a) to apply cy pres to modify or terminate the trust only if, when the provision takes effect:||(1) the trust property is to revert to the settlor and the settlor is still living; or||(2) fewer than 21 years have elapsed since the date of the trust's creation.|||Source. 2004, 130:1, eff. Oct. 1, 2004. 2017, 257:11, eff. July 18, 2017.|
NH Rev Stat § 564-B:4-414 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:4-414 - Modification or Termination of Uneconomic Trust.

    564-B:4-414 Modification or Termination of Uneconomic Trust. –||(a) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than $100,000 may terminate the trust if:||(1) The trustee concludes that the value of the trust property is insufficient to justify the cost of administration; and||(2) Within 30 days after the notice was sent to the qualified beneficiaries, a beneficiary does not notify the trustee of the beneficiary's objection to the trust's termination.||(b) The court may modify or terminate a trust or remove the trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration.||(c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.||(d) This section does not apply to an easement for conservation or preservation or to a fund held or created by a town or other municipality under RSA 31:19 or RSA 31:19-a.|||Source. 2004, 130:1. 2005, 270:11, eff. Sept. 20, 2005. 2017, 257:12, eff. Sept. 16, 2017.|
NH Rev Stat § 564-B:4-415 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:4-415 - Reformation to Correct Mistakes.

    564-B:4-415 Reformation to Correct Mistakes. –||The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor's intention if it is proved by clear and convincing evidence that both the settlor's intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:4-416 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:4-416 - Modification to Achieve Settlor's Tax Objectives.

    564-B:4-416 Modification to Achieve Settlor's Tax Objectives. –||To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention. The court may provide that the modification has retroactive effect.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:4-417 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:4-417 - Combination and Division of Trusts.

    564-B:4-417 Combination and Division of Trusts. –||(a) After notice to the qualified beneficiaries, a trustee may combine 2 or more trusts into one trust if the result does not impair rights of any beneficiary or adversely affect achievement of the trust's purposes.||(1) Upon the combination of the trusts, the following shall apply:||(A) Each of the trusts other than the surviving trust shall terminate;||(B) The terms of the surviving trust shall govern the surviving trust and its property, including any property acquired from the other trusts that combined into the surviving trust;||(C) All title to real property and other property owned by each trust that combined into the surviving trust and all contractual rights possessed by each trust that combined into the surviving trust are vested in the surviving trust without reversion or impairment; and||(D) All liabilities of each trust that combined into the surviving trust are vested in the surviving trust.||(2) After the combination is effective, the name of the trustee of the surviving trust may be substituted in any pending proceeding for the name of the trustee of any trust that combined into the surviving trust.||(b) After notice to the qualified beneficiaries, a trustee may divide a trust into 2 or more separate trusts if the result does not impair rights of any beneficiary or adversely affect achievement of the trust's purposes.|||Source. 2004, 130:1, eff. Oct. 1, 2004. 2017, 257:13, eff. July 18, 2017.|
NH Rev Stat § 564-B:5-501 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:5-501 - Creditor's Claim Against a Beneficiary.

    564-B:5-501 Creditor's Claim Against a Beneficiary. –||(a) To the extent that a beneficiary's interest in a trust is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by:||(1) Attachment of present or future distributions to or for the benefit of the beneficiary; or||(2) Subject to RSA 564-B:5-504, any other means.||(b) The court may limit the relief under subsection (a) as is appropriate under the circumstances.||(c) Subject to RSA 564-B:5-504(b) and (c), a creditor or assignee of a beneficiary may not compel the beneficiary to exercise any right or power that, in any fiduciary or nonfiduciary capacity, the beneficiary has under the terms of the trust, including any of the following:||(1) Any power of appointment;||(2) Any power to direct or veto a distribution;||(3) Any power to appoint or remove a trustee, trust advisor, or trust protector; or||(4) Any right to receive reports, notices, or other information concerning the trust and its administration.|||Source. 2004, 130:1. 2005, 270:12, eff. Sept. 20, 2005. 2017, 257:17, eff. Sept. 16, 2017.|
NH Rev Stat § 564-B:5-502 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:5-502 - Creditor's Claim Against a Beneficiary of a Trust Containing a Spendthrift Provision.

    564-B:5-502 Creditor's Claim Against a Beneficiary of a Trust Containing a Spendthrift Provision. –||(a) A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest.||(b) A term of a trust providing that the interest of a beneficiary is held subject to a "spendthrift trust," or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest.||(c) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision.||(d) To the extent that a beneficiary's interest in a trust is subject to a spendthrift provision, a creditor or assignee of the beneficiary may not reach:||(1) The beneficiary's interest in the trust; or||(2) A distribution from the trust before its receipt by the beneficiary.||(e) To the extent that a beneficiary's interest in a trust is subject to a spendthrift provision, the beneficiary's interest:||(1) Is not property for purposes of RSA 458:16-a, I; and||(2) Shall not be subject to any forced heirship, legitime, forced share, or any similar heirship rights under the laws of any jurisdiction.||(f) To the extent that a beneficiary's interest in a trust is subject to a spendthrift provision, a court may authorize an exception creditor of the beneficiary to attach present or future distributions to or for the benefit of the beneficiary.||(1) For purposes of this subsection (f), the following definitions shall apply:||(A) "Exception creditor" means, with respect to a beneficiary:||(i) An individual to the extent that there is a judgment or court order against the beneficiary for child support in this or any other state;||(ii) A spouse or former spouse to the extent that there is a judgment or court order against the beneficiary for basic alimony;||(iii) A judgment creditor who has provided services for the protection of a beneficiary's interest in the trust; or||(iv) This state or the United States for a claim against the beneficiary to the extent that a statute of this state or federal law so provides.||(B) "Basic alimony" means the portion of alimony attributable to the most basic food, shelter, and medical needs of the spouse or former spouse if the judgment or court order expressly specifies that portion.||(2) Attachment of present or future distributions is the exception creditor's exclusive remedy against the beneficiary's interest in the trust.||(3) The court may limit the relief as is appropriate under the circumstances.||(4) Subsection (d)(2) shall not apply to an exception creditor.|||Source. 2004, 130:1, eff. Oct. 1, 2004. 2017, 257:18, eff. Sept. 16, 2017.|
NH Rev Stat § 564-B:5-503 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:5-503 - Repealed by 2017, 257:59, II, eff. Sept. 16, 2017.

    564-B:5-503 Repealed by 2017, 257:59, II, eff. Sept. 16, 2017. –|
NH Rev Stat § 564-B:5-505 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:5-505 - Creditor's Claim Against a Settlor of a Revocable Trust.

    564-B:5-505 Creditor's Claim Against a Settlor of a Revocable Trust. –||(a) During the settlor's life, the property of a revocable trust is subject to claims of the settlor's creditors regardless of whether the trust contains a spendthrift provision.||(b) After the settlor's death and subject to the settlor's right to direct the source from which liabilities will be paid, the property of a trust that was revocable immediately before the settlor's death is subject to the following claims to the extent that the settlor's probate estate is inadequate to satisfy those claims:||(1) Claims of the settlor's creditors;||(2) Costs of administration of the settlor's estate; and||(3) Expenses of the settlor's funeral and disposal of remains.||(c) Subsection (b) shall apply to a trust regardless of whether the trust contains a spendthrift provision.||(d) Subsection (b) shall not apply to:||(1) The proceeds and any other benefits of a policy of life or endowment insurance effected by a settlor, a trustee, or any other person on the settlor's life or another individual's life as provided in RSA 408:2; or||(2) Any claim barred under RSA 564-B:5-508.||(e) During only the period that the power of withdrawal may be exercised, the holder of a power of withdrawal shall be treated in the same manner under this section as the settlor of a revocable trust to the extent of the property subject to the power of withdrawal.|||Source. 2004, 130:1. 2005, 270:15, eff. Sept. 20, 2005. 2008, 374:10-12, eff. Sept. 9, 2008. 2014, 195:18-20, eff. July 1, 2014. 2017, 257:20, eff. Sept. 16, 2017.|