NH Rev Stat § 564-B:12-1206 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:12-1206 - Limitation of Action Against a Trust Advisor or Trust Protector.

    564-B:12-1206 Limitation of Action Against a Trust Advisor or Trust Protector. –||(a) A beneficiary shall commence a proceeding against a trust advisor or trust protector for breach of trust within the earlier of:||(1) One year after the date on which the beneficiary or the beneficiary's representative 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;||(2) Three years after the date on which the beneficiary or the beneficiary's representative was sent a report that adequately disclosed the existence of a potential claim for breach of trust;||(3) Three years after the trust advisor's or trust protector's resignation or removal;||(4) 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, three years after the trust advisor's or trust protector's death;||(5) Three years after termination of the beneficiary's interest in the trust; or||(6) Three years after the termination of the trust.||(b) A fiduciary shall commence a proceeding against a trust advisor or trust protector for breach of trust within 3 years after the date on which the fiduciary was sent a report that adequately disclosed the existence of a potential claim for breach of trust; provided, however, that a fiduciary shall not commence a proceeding against a trust advisor or trust protector for breach of trust if, under subsection (a), none of the beneficiaries may commence a proceeding against the trust advisor or trust protector for such breach of trust. For purposes of this section, a "fiduciary" means any trustee, trust advisor, or trust protector.||(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 for any reason, except by a written agreement of the qualified beneficiaries and each of the trust advisors and trust protectors against whom a beneficiary may commence a proceeding or a court order. The periods of limitation under subsection (b) shall not be tolled for any reason, except by a written agreement of the trustees and each of the trust advisors and trust protectors against whom a fiduciary may commence a proceeding 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) 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, 243:14, eff. Sept. 11, 2011. 2014, 195:39, III, eff. July 1, 2014. 2015, 272:56, eff. Sept. 25, 2015. 2017, 257:30, eff. July 18, 2017.|