reglab/housing_qa huggingface dataset:
NH Rev Stat § 564-B:1-111 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:1-111 - Nonjudicial Settlement Agreements.

    564-B:1-111 Nonjudicial Settlement Agreements. –||(a) For purposes of this section, "interested person" means each of the following persons: a trustee; a person who, under the terms of the trust, has the power to enforce the trust; if the trust is a charitable trust, the director of charitable trusts; and any other person, other than the settlor, whose consent would be required in order to achieve a binding settlement were the settlement to be approved by a court.||(b) Except as otherwise provided in subsection (c), all of the interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.||(c) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by a court under this chapter or other applicable law.||(d) Matters that may be resolved by a nonjudicial settlement agreement include without limitation:||(1) the interpretation or construction of the terms of the trust;||(2) the approval of a trustee's report or accounting;||(3) direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;||(4) the resignation or appointment of a trustee and the determination of a trustee's compensation;||(5) transfer of a trust's principal place of administration;||(6) liability of a trustee for an action relating to the trust; and||(7) the termination or modification of a trust.||(e) Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in article 3 was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.|||Source. 2004, 130:1. 2006, 320:51, eff. Aug. 19, 2006. 2008, 374:6, eff. Sept. 9, 2008. 2015, 272:57, eff. July 27, 2015.|
NH Rev Stat § 564-B:1-111A (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:1-111A - Nonjudicial Dispute Resolution.

    564-B:1-111A Nonjudicial Dispute Resolution. –||(a) If the terms of the trust require the interested persons to resolve a trust dispute exclusively by reasonable nonjudicial procedures, then those interested persons shall resolve that trust dispute in accordance with the terms of the trust.||(b) An interested person may commence a judicial proceeding to determine whether the nonjudicial procedures are reasonable. To the extent that the terms of the trust purport to prohibit an interested person from commencing a judicial proceeding under this subsection or penalize an interested person for commencing a judicial proceeding under this subsection, those terms of the trust are void.||(c) For purposes of this section, "interested person" means any person who would be an interested person in a judicial proceeding to resolve the trust dispute.||(d) For purposes of this section, "trust dispute" means any matter in which a court has subject-matter jurisdiction under RSA 564-B:2-203, excluding (1) a determination of the validity of the trust or (2) a determination of any material purpose of the trust, including a determination of whether any modification, termination, or other action is consistent with a material purpose of the trust.||(e) Unless the director of charitable trusts expressly consents to the nonjudicial procedures, those procedures shall not apply to any matter involving a charitable trust. Unless the department of health and human services expressly consents to the nonjudicial procedures, those procedures shall not apply to any matter in which that department would be an interested person.||(f)(1) The nonjudicial dispute resolution procedures may include a reasonable procedure by which a person is appointed to represent and bind any one or more of the following persons:||(A) any unborn person;||(B) any minor or other incapacitated person; or||(C) any person whose identity or location is unknown and is not reasonably ascertainable.||(2) The procedure for the appointment of a representative is not reasonable if:||(A) There is a conflict of interest between the person appointing the representative and any interested person;||(B) There is a conflict of interest between the representative and any represented person; or||(C) With respect to any matter that is the subject of the trust dispute, there is a conflict of interest among the persons whom the representative is appointed to represent.||(3) To the extent that the trust dispute involves a trust's modification or termination, a settlor of the trust shall not represent any of the trust's beneficiaries.|||Source. 2014, 195:11, eff. July 1, 2014. 2017, 257:5, eff. July 18, 2017; 257:6, eff. Sept. 16, 2017.|
NH Rev Stat § 564-B:1-112 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:1-112 - Rules of Construction.

    564-B:1-112 Rules of Construction. –||(a) The rules of construction that apply in this state to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property. For the purposes of this section, RSA 551:10 is not a rule of construction. RSA 551:10 shall not apply to any trust.||(b) In interpreting or construing the terms of a trust, the settlor's intent shall be sovereign to the extent that the settlor's intent is lawful, not contrary to public policy, and possible to achieve.||(c) For the purposes of determining the benefit of the beneficiaries, the settlor's intent as expressed in the terms of the trust shall be paramount.|||Source. 2004, 130:1, eff. Oct. 1, 2004. 2011, 243:8, eff. Sept. 11, 2011. 2015, 272:58, eff. Oct. 1, 2015. 2018, 120:2, eff. May 30, 2018.|
NH Rev Stat § 564-B:1-113 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:1-113 - Precatory Language.

    564-B:1-113 Precatory Language. –||(a) For purposes of this section, the following definitions apply:||(1) "Letter of wishes" means a record that:||(A) Is not a trust instrument;||(B) Is created by a settlor; and||(C) Contains precatory language.||(2) "Precatory language" means language that:||(A) Is not binding on any trustee, trust advisor, or trust protector;||(B) Expresses the settlor's wishes regarding the exercise of any discretionary power by a trustee, trust advisor, or trust protector; and||(C) Is not inconsistent with the terms of the trust.||(b) In exercising a discretionary power, a trustee, trust advisor, or trust protector may consider precatory language contained in the trust instrument or a letter of wishes.||(c) Precatory language does not impose any duty on any trustee, trust advisor, or trust protector, and the fact that a trustee, trust advisor, or trust protector does not exercise a discretionary power in accordance with precatory language shall not create an inference that the trustee, trust advisor, or trust protector improperly exercised the power.||(d) In determining whether a trustee, trust advisor, or trust protector exercised a discretionary power in a manner that is consistent with the settlor's intent, a court may consider precatory language contained in the trust instrument or a letter of wishes. A court may consider precatory language contained in a letter of wishes regardless of whether the trust instrument is ambiguous.||(e) Except as provided under the terms of the trust or by court order, a trustee, trust advisor, or trust protector shall not have any duty to provide any beneficiary a copy of a letter of wishes.|||Source. 2019, 230:1, eff. Sept. 10, 2019.|
NH Rev Stat § 564-B:2-201 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:2-201 - Role of Court in Administration of Trust.

    564-B:2-201 Role of Court in Administration of Trust. –||(a) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.||(b) A trust, other than a trust created by a will subject to the provisions of RSA 564:19, shall not be subject to continuing judicial supervision unless ordered by the court.||(c) A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and an action to declare rights.||(d) Each of the following persons may commence a judicial proceeding for the purpose of enforcing the terms of the trust: a settlor; a qualified beneficiary; a trustee; a person who, under the terms of the trust, has the power to enforce the terms of the trust; and in the case of a charitable trust, the director of charitable trusts.|||Source. 2004, 130:1, eff. Oct. 1, 2004. 2011, 243:9, eff. Sept. 11, 2011. 2015, 272:59, eff. Oct. 1, 2015.|
NH Rev Stat § 564-B:2-202 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:2-202 - Jurisdiction Over Trustee and Beneficiary.

    564-B:2-202 Jurisdiction Over Trustee and Beneficiary. –||(a) By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.||(b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the courts of this state regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.||(c) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:2-203 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:2-203 - Subject-Matter Jurisdiction.

    564-B:2-203 Subject-Matter Jurisdiction. –||(a) Except as provided in subsection (b), the probate division of the circuit court shall have exclusive jurisdiction of the creation by judgment or decree, interpretation, construction, modification, termination, and administration of those trusts described in RSA 564-A:1, I, and over the appointment, removal, and surcharge of trustees, trust advisors, and trust protectors of such trusts.||(b) The probate division of the circuit court has concurrent jurisdiction with the superior court of proceedings involving charitable uses and trusts other than those trusts described in RSA 564-A:1, I.|||Source. 2004, 130:1. 2006, 91:5, eff. May 5, 2006. 2008, 97:3, eff. May 21, 2008. 2014, 195:12, eff. July 1, 2014.|
NH Rev Stat § 564-B:2-204 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:2-204 - Venue.

    564-B:2-204 Venue. –||(a) Except as otherwise provided in subsection (b), venue for a judicial proceeding involving a trust is in the county of this state in which the trust's principal place of administration is or will be located. In the case of a testamentary trust where the estate is not yet closed, venue also may be in the county in which the decedent's estate is being administered.||(b) If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a county of this state in which a beneficiary resides, in a county in which any trust property is located, and if the trust is created by will, in the county in which the decedent's estate was or is being administered.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:2-205 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:2-205 - Confidential Communications.

    564-B:2-205 Confidential Communications. –||(a) A communication between an attorney and a client acting as a trustee, trust advisor, or trust protector is privileged and protected from disclosure to the same extent as if the client was acting in his, her, or its individual capacity and was not acting as a trustee, trust advisor, or trust protector.||(b) The privilege is not waived by (1) a fiduciary relationship between the trustee, trust advisor, or trust protector and a beneficiary of the trust or (2) the use of trust property to compensate the attorney for legal services rendered to the trustee, trust advisor, or trust protector.||(c) If an attorney's client is a trustee, trust advisor, or trust protector, then the attorney's client is only the person acting as trustee, trust advisor, or trust protector. A successor trustee, successor trust advisor, or successor trust protector is not the attorney's client solely by reason of succeeding the person with whom the attorney had an attorney-client relationship.||(d) A trustee, trust advisor, or trust protector and his, her, or its successor may agree to share privileged communications relating to some or all matters involving the trust. The disclosure of privileged communications under the agreement does not waive the disclosing party's privilege. Unless the agreement provides otherwise, privileged communications disclosed under the agreement shall not be disclosed to a third party without the disclosing party's consent or a court order.||(e) This section shall not impair or abridge the law governing exceptions to the attorney-client privilege relative to claimants through the same deceased.|||Source. 2014, 195:13, eff. July 1, 2014.|
NH Rev Stat § 564-B:3-301 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:3-301 - Representation; Basic Effect.

    564-B:3-301 Representation;  Basic Effect. –||(a) Notice to a person who may represent and bind another person under this article has the same effect as if notice were given directly to the other person.||(b) The consent of a person who may represent and bind another person under this article is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.||(c) Except as otherwise provided in RSA 564-B:6-602, a person who under this article may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.||(d) A settlor may not represent and bind a beneficiary under this article with respect to the termination or modification of a trust.|||Source. 2004, 130:1. 2005, 270:6, eff. Sept. 20, 2005.|
NH Rev Stat § 564-B:3-302 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:3-302 - Representation by Holder of a Power of Appointment.

    564-B:3-302 Representation by Holder of a Power of Appointment. –||(a) To the extent there is no conflict of interest between the holder of a power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power.||(b) Subsection (a) applies to any power of appointment, including:||(1) A power in which the permissible appointees include any one or more of:||(A) The holder of the power;||(B) The holder's creditors;||(C) The holder's estate; and||(D) The creditors of the holder's estate; or||(2) A power of appointment in which the permissible appointees:||(A) Excludes each of the persons described in subsection (b)(1), (b)(2), (b)(3), and (b)(4); and||(B) May excluded any one or more other persons;||(3) A testamentary power of appointment; and||(4) A power of appointment exercisable during the holder's life.|||Source. 2004, 130:1, eff. Oct. 1, 2004. 2017, 257:7, eff. July 18, 2017.|
NH Rev Stat § 564-B:3-303 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:3-303 - Representation by Fiduciaries and Parents.

    564-B:3-303 Representation by Fiduciaries and Parents. –||To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:||(1) a conservator may represent and bind the estate that the conservator controls;||(2) a guardian of the estate may represent and bind the estate that the guardian of the estate controls;||(3) a guardian of the person may represent and bind the ward if a guardian of the ward's estate has not been appointed;||(4) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;||(5) a trustee may represent and bind the beneficiaries of the trust except as to matters relating to the administration or distribution of the trust;||(6) a personal representative of a decedent's estate may represent and bind persons interested in the estate except as to matters relating to the administration or distribution of the estate; ||(7) a parent may represent and bind (i) the parent's minor, incapacitated or unborn child if neither a guardian of the estate nor guardian of the person for the child has been appointed and (ii) a minor, incapacitated or unborn descendent of such child if neither a guardian of the estate of the descendent nor a guardian of the person of the descendent has been appointed; and||(8) a representative who is expressly appointed under the terms of the governing trust instrument, either directly or by appointment of one or more persons who are expressly authorized under the terms of the trust instrument to do so, may represent and bind one or more beneficiaries of the trust as to any matter involving the trust. A representative appointed pursuant to this paragraph shall be presumed to be a fiduciary and, unless otherwise provided under the terms of the trust, must deliver to the trustee a written acceptance of appointment as representative. A representative may not be appointed pursuant to this paragraph to represent the interests of a charitable beneficiary subject to the authority of the director of charitable trusts, as provided in statute and common law.|||Source. 2004, 130:1. 2005, 270:7, eff. Sept. 20, 2005. 2008, 374:7, eff. Sept. 9, 2008. 2021, 103:1, eff. Aug. 30, 2021.|
NH Rev Stat § 564-B:3-304 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:3-304 - Representation by Person Having Substantially Identical Interest.

    564-B:3-304 Representation by Person Having Substantially Identical Interest. –||Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented.|||Source. 2004, 130:1, eff. Oct. 1, 2004. 2008, 374:28, eff. Sept. 9, 2008. 2011, 243:17, eff. Sept. 11, 2011.|
NH Rev Stat § 564-B:3-305 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:3-305 - Appointment of Representative.

    564-B:3-305 Appointment of Representative. –||(a) If the court determines that an interest is not represented under this article, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests.||(b) A representative may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending.||(c) In making decisions, a representative may consider general benefit accruing to the living members of the individual's family.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:4-401 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:4-401 - Methods of Creating Trust.

    564-B:4-401 Methods of Creating Trust. –||A trust may be created by:||(1) transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;||(2) declaration by the owner of property that the owner holds identifiable property as trustee;||(3) exercise of a power of appointment in favor of a trustee; or||(4) judgment or decree of a court.|||Source. 2004, 130:1, eff. Oct. 1, 2004. 2008, 97:4, eff. May 21, 2008.|
NH Rev Stat § 564-B:4-402 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:4-402 - Requirements for Creation.

    564-B:4-402 Requirements for Creation. –||(a) A trust is created only if:||(1) the settlor has capacity to create a trust;||(2) the settlor indicates an intention to create the trust;||(3) the trust has a definite beneficiary or is:||(A) a charitable trust;||(B) a trust for the care of an animal, as provided in RSA 564-B:4-408; or||(C) a trust for a noncharitable purpose, as provided in RSA 564-B:4-409;||(4) the trustee has duties to perform; and||(5) the same person is not the sole trustee, the sole current beneficiary and the sole remainder beneficiary.||(b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.||(c) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.|||Source. 2004, 130:1. 2005, 270:8, eff. Sept. 20, 2005.|