reglab/housing_qa huggingface dataset:
NH Rev Stat § 564-B:10-1002 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:10-1002 - Damages for Breach of Trust.

    564-B:10-1002 Damages for Breach of Trust. –||(a) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:||(1) the amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or||(2) the profit the trustee made by reason of the breach.||(b) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees, to the extent permitted by RSA 507:7-f. However, a trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:10-1003 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:10-1003 - Damages in Absence of Breach.

    564-B:10-1003 Damages in Absence of Breach. –||(a) A trustee, trust advisor, or trust protector is accountable to an affected beneficiary for any profit made by that trustee, trust advisor, or trust protector arising from the administration of the trust, even absent a breach of trust. This section does not preclude the payment of reasonable compensation to a trustee, trust advisor, or trust protector.||(b) Absent a breach of trust, a trustee, trust advisor, or trust protector is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.|||Source. 2004, 130:1, eff. Oct. 1, 2004. 2014, 195:41, eff. July 1, 2014.|
NH Rev Stat § 564-B:10-1004 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:10-1004 - Attorney's Fees and Costs.

    564-B:10-1004 Attorney's Fees and Costs. –||In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:10-1005 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:10-1005 - Limitation of Action Against a Trustee by a Beneficiary.

    564-B:10-1005 Limitation of Action Against a Trustee by a Beneficiary. –||(a) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.||(b) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.||(c) If subsection (a) does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within 3 years after the first to occur of:||(1) The removal, resignation, or death of the trustee;||(2) The termination of the beneficiary's interest in the trust;||(3) The termination of the trust; or||(4) The date on which the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust.||(d) The periods of limitation under this section shall not be tolled for any reason, except by a written agreement of the trustees and qualified beneficiaries or a court order. Without limiting the circumstances under which a court may issue an order tolling the period of limitations, a court may issue an order tolling the period of limitations under this section during the pendency of any action described in RSA 564-B:10-1014(c)(3).||(e) [Repealed.]||(f) In the case of a claim against a deceased trustee for breach of trust, this section shall apply to the extent that the claim is not barred by a limitation period under RSA 556, RSA 564-B:5-508, or other applicable law.||(g) For purposes of determining whether, for purposes of this section, a trust has terminated or a beneficiary's interest in a trust has terminated, trust property excludes any claim against a trustee, trust advisor, or trust protector.|||Source. 2004, 130:1, eff. Oct. 1, 2004. 2011, 243:11, eff. Sept. 11, 2011. 2014, 195:39, II, eff. July 1, 2014. 2015, 272:54, eff. July 27, 2015.|
NH Rev Stat § 564-B:10-1005A (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:10-1005A - Limitation of Action Against a Trustee by a Trustee, Trust Advisor, or Trust Protector.

    564-B:10-1005A Limitation of Action Against a Trustee by a Trustee, Trust Advisor, or Trust Protector. –||(a) A trustee shall commence a proceeding against a cotrustee or a former trustee for breach of trust within 3 years after the earlier of the date on which the trustee was sent a report that adequately disclosed the existence of a potential claim for breach of trust or the removal, resignation, or death of the cotrustee or former trustee. A trustee, however, shall not commence a proceeding against a cotrustee or a former trustee if, under RSA 564-B:10-1005, none of the beneficiaries may commence a proceeding against the cotrustee or former trustee for such breach of trust.||(b) A trust advisor or trust protector shall commence a proceeding against a trustee for breach of trust within 3 years after earlier of the date on which the trust advisor or trust protector was sent a report that adequately disclosed the existence of a potential claim for breach of trust or the removal, resignation, or death of the trustee. A trust advisor or trust protector, however, shall not commence a proceeding against a trustee for breach of trust if, under RSA 564-B:10-1005, none of the beneficiaries may commence a proceeding against the trustee for such breach of trust.||(c) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the recipient knows of the potential claim or should have inquired into its existence.||(d) The periods of limitation under subsection (a) shall not be tolled except by either a written agreement of the trustees or, in the case of a possible claim against a former trustee, the trustees and the former trustee or a court order. The periods of limitation under subsection (b) shall not be tolled except by a written agreement of the trust advisors, trust protectors, and trustees or a court order. Without limiting the circumstances under which a court may issue an order tolling the period of limitations, a court may issue an order tolling the period of limitations under this section during the pendency of any action described in RSA 564-B:10-1014(c)(3).||(e) In the case of a claim against a deceased trustee for breach of trust, this section shall apply to the extent that the claim is not barred by a limitation period under RSA 556, RSA 564-B:5-508, or other applicable law.||(f) For purposes of determining whether, for purposes of this section, a trust has terminated or a beneficiary's interest in a trust has terminated, trust property excludes any claim against a trustee, trust advisor, or trust protector.|||Source. 2011, 243:12, eff. Sept. 11, 2011. 2015, 272:55, eff. July 27, 2015.|
NH Rev Stat § 564-B:10-1006 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:10-1006 - Reliance on Trust Instrument.

    564-B:10-1006 Reliance on Trust Instrument. –||A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:10-1007 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:10-1007 - Event Affecting Administration or Distribution.

    564-B:10-1007 Event Affecting Administration or Distribution. –||If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:10-1008 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:10-1008 - Exculpation of Trustee.

    564-B:10-1008 Exculpation of Trustee. –||(a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:||(1) relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or||(2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.||(b) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:10-1009 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:10-1009 - Beneficiary's Consent, Release, or Ratification.

    564-B:10-1009 Beneficiary's Consent, Release, or Ratification. –||A trustee is not liable to a beneficiary for breach of trust if the beneficiary, consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:||(1) the consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or||(2) at the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:10-1010 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:10-1010 - Limitation on Personal Liability of Trustee.

    564-B:10-1010 Limitation on Personal Liability of Trustee. –||(a) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.||(b) A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.||(c) A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:10-1011 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:10-1011 - Interest as General Partner.

    564-B:10-1011 Interest as General Partner. –||(a) Except as otherwise provided in subsection (c) or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract. The requirement of disclosure in the contract will be satisfied if the trustee signs the contract, or signs another writing which is contemporaneously delivered to the other parties to the contract, in a manner that clearly evidences that the trustee executed the contract in a fiduciary capacity.||(b) Except as otherwise provided in subsection (c), a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.||(c) The immunity provided by this section for a trustee who holds an interest as a general partner does not apply if a general partnership interest in the partnership is held personally by the person serving as trustee.||(d) If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:10-1012 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:10-1012 - Protection of Person Dealing with Trustee.

    564-B:10-1012 Protection of Person Dealing with Trustee. –||(a) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.||(b) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.||(c) A person who in good faith delivers assets to a trustee need not ensure their proper application.||(d) A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.||(e) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:10-1013 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:10-1013 - Certification of Trust.

    564-B:10-1013 Certification of Trust. –||(a) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:||(1) that the trust exists and the date the trust instrument was executed;||(2) the identity of the settlor;||(3) the identity and address of the currently acting trustee;||(4) the powers of the trustee;||(5) the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;||(6) the authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee;||(7) the trust's taxpayer identification number; and||(8) the manner of taking title to trust property.||(b) A certification of trust may be signed or otherwise authenticated by any trustee.||(c) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.||(d) A certification of trust need not contain the dispositive terms of a trust.||(e) A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction.||(f) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.||(g) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.||(h) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.||(i) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.||(j) Instead of the certification of trust described in subsection (a), a certificate described in RSA 564-A:7 shall protect persons dealing with a trustee in connection with the conveyance of real or personal property as provided in RSA 564-A:7. Nothing in this section is intended to expand, limit, or otherwise affect the provisions of RSA 564-A:7.|||Source. 2004, 130:1. 2005, 270:32, eff. Sept. 20, 2005.|
NH Rev Stat § 564-B:10-1015 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:10-1015 - Beneficiary's Disclaimer of an Interest in a Trust.

    564-B:10-1015 Beneficiary's Disclaimer of an Interest in a Trust. –||(a) In addition to a beneficiary's right to disclaim an interest in a trust under RSA 563-B and any other method for refusing to accept an interest in a trust, a beneficiary may disclaim an interest in a trust, including a trust that contains a spendthrift provision. An interest may be less than the beneficiary's entire interest in the trust. The disclaimer must be made by a written instrument delivered to a trustee.||(b) Unless the trustee has made a distribution to or for the benefit of the beneficiary, a disclaimer under subsection (a) is effective as of the interest's creation and is not a transfer, assignment, or release of the disclaimed interest.||(c) A beneficiary's right to disclaim an interest in a trust does not affect the validity or effect of a spendthrift provision.|||Source. 2015, 272:63, eff. Oct. 1, 2015.|
NH Rev Stat § 564-B:10-1016 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:10-1016 - Powers of Appointment.

    564-B:10-1016 Powers of Appointment. –||(a) A power of appointment is exercised only:||(1) If the instrument exercising the power is valid under applicable law;||(2) If the terms of the instrument exercising the power:||(A) Manifest the powerholder's intent to exercise the power; and||(B) Subject to subsection (b), satisfy any requirements that the terms of the trust may impose on the exercise of the power; and||(3) To the extent that the appointment is a permissible exercise of the power.||(b) A powerholder's substantial compliance with a formal requirement of appointment imposed by the terms of the trust, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if:||(1) The powerholder knows of and intends to exercise the power;||(2) The terms of the trust do not require strict compliance with the formal requirement of appointment imposed by the settlor; and||(3) The powerholder's manner of attempted exercise of the power does not impair a material purpose of the trust.|||Source. 2017, 257:28, eff. July 18, 2017.|
NH Rev Stat § 564-B:11-1101 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:11-1101 - Uniformity of Application and Construction.

    564-B:11-1101 Uniformity of Application and Construction. –||In applying and construing this chapter, primary consideration shall be given to the preservation of the settlor's intent as expressed in the terms of the trust. Secondary consideration shall be given to the following objectives, in no order of priority among them: (1) the protection of the interests of the beneficiaries consistent with the settlor's intent as expressed in the terms of the trust; (2) the promotion of certainty concerning the duties and liabilities of trustees, trust advisors, and trust protectors, including the division of those duties and liabilities among trustees, trust advisors, and trust protectors; and (3) the promotion of the efficient administration of a trust. Tertiary consideration may be given to the promotion of uniformity of the law with respect to its subject matter among states that enact the uniform act upon which this chapter is based.|||Source. 2004, 130:1, eff. Oct. 1, 2004. 2014, 195:31, eff. July 1, 2014.|
NH Rev Stat § 564-B:11-1102 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:11-1102 - Electronic Records and Signatures.

    564-B:11-1102 Electronic Records and Signatures. –||The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7002) and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:11-1103 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:11-1103 - Severability Clause.

    564-B:11-1103 Severability Clause. –||If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|