reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:7-706 - Removal of Trustee.

564-B:7-706 Removal of Trustee. –
(a) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.
(b) In addition to the power to remove a trustee pursuant to RSA 564:9, the court may remove a trustee if:
(1) the trustee has committed a serious breach of trust;
(2) lack of cooperation among cotrustees substantially impairs the administration of the trust;
(3) because of unfitness, unwillingness, persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or
(4) there has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.
(c) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under RSA 564-B:10-1001(b) as may be necessary to protect the trust property or the interests of the beneficiaries.
Source.
2004, 130:1, eff. Oct. 1, 2004.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:7-707 - Delivery of Property by Former Trustee

564-B:7-707 Delivery of Property by Former Trustee –
(a) Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.
(b) A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee's possession to the cotrustee, successor trustee, or other person entitled to it.
Source.
2004, 130:1, eff. Oct. 1, 2004.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:7-708 - Compensation of Trustee.

564-B:7-708 Compensation of Trustee. –
(a) If the terms of a trust do not specify the trustee's, trust advisor's, or trust protector's compensation, each such fiduciary is entitled to compensation that is reasonable under the circumstances.
(b) If the terms of a trust specify the trustee's, trust advisor's, or trust protector's compensation, each such fiduciary is entitled to be compensated as specified, but the court may allow more or less compensation if:
(1) the duties of the trustee, trust advisor, or trust protector are substantially different from those contemplated when the trust was created; or
(2) the compensation specified by the terms of the trust would be unreasonably low or high.
Source.
2004, 130:1. 2006, 320:58, eff. Aug. 19, 2006.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:7-709 - Reimbursement of Expenses.

564-B:7-709 Reimbursement of Expenses. –
(a) A trustee, trust advisor, or trust protector is entitled to be reimbursed out of the trust property, with interest as appropriate, for:
(1) expenses that were properly incurred in the administration of the trust; and
(2) to the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.
(b) An advance by the trustee, trust advisor, or trust protector of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.
Source.
2004, 130:1. 2006, 320:59, eff. Aug. 19, 2006.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:7-710 - Coordination with RSA 564.

564-B:7-710 Coordination with RSA 564. –
Nothing in this article is intended to modify or limit the provisions of RSA 564 as they apply to testamentary trusts. To the extent the provisions of this article conflict with the provisions of RSA 564 as they apply to testamentary trusts, the provisions of RSA 564 shall control.
Source.
2004, 130:1, eff. Oct. 1, 2004.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:7-711 - Divided Trusts and Directed Trusts.

564-B:7-711 Divided Trusts and Directed Trusts. –
(a) A divided trust is a trust in which the terms of the trust divide powers and duties among 2 or more trustees, trust advisors, and trust protectors, vesting one or more powers and duties exclusively in one or more of those persons to the exclusion of the other persons.
(b) A directed trust is trust in which, under the terms of the trust, one or more persons have the power to direct an action by a trustee, trust advisor, or trust protector or the power to veto or consent to any actual or proposed action by a trustee, trust advisor, or trust protector. The action may relate to the investment of trust assets, distributions, or any other aspects of the trust's administration.
(c) A trustee is an excluded fiduciary to the extent that the terms of the trust vest a power or duty exclusively in a trust advisor, trust protector, cotrustee, or other person.
(d) A trustee is an excluded fiduciary to the extent that:
(1) under the terms of the trust, the trustee must follow the direction of a trust advisor, trust protector, cotrustee, or other person; and
(2) the trustee acts in accordance with that direction.
(e) A trust advisor or trust protector is an excluded fiduciary to the extent that the terms of the trust vest a power or duty exclusively in a trustee, trust advisor, trust protector, or other person.
(f) A trust advisor or trust protector is an excluded fiduciary to the extent that:
(1) under the terms of the trust, the trust advisor or trust protector must follow the direction of a trustee, trust advisor, trust protector, or other person; and
(2) the trust advisor or trust protector acts in accordance with that direction.
Source.
2006, 320:60, eff. Aug. 19, 2006. 2008, 374:13, eff. Sept. 9, 2008. 2014, 195:23, eff. July 1, 2014. 2017, 257:23, eff. July 18, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:7-712 - Vacancy in a Divided Trust or Directed Trust.

564-B:7-712 Vacancy in a Divided Trust or Directed Trust. –
(a) Unless the terms of the trust provide otherwise, a trustee shall be vested with any power or duty that the terms of the trust otherwise vest exclusively in a trust advisor, trust protector, or cotrustee during any time when, as the result of a vacancy in the office of trust advisor, trust protector, or cotrustee, there is no person who is vested with the power or duty.
(b) Unless the terms of the trust provide otherwise, a trustee may exercise without direction any power that, under the terms of the trust, the trustee otherwise may exercise only at the direction of a trust advisor, trust protector, or cotrustee during any time when, as the result of a vacancy in the office of trust advisor, trust protector, or cotrustee, there is no person who is vested with the power to direct the trustee to exercise that power.
(c) A trustee who is vested with a power or duty under subsection (a) shall not be liable to any person for failing to exercise that power or duty during the 60-day period beginning on the date on which the trustee obtains knowledge of the vacancy.
(d) A trustee who may exercise a power under subsection (b) shall not be liable to any person for failing to exercise that power during the 60-day period beginning on the date on which the trustee obtains knowledge of the vacancy.
Source.
2006, 320:60, eff. Aug. 19, 2006. 2017, 257:24, eff. July 18, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:8-801 - Duty to Administer, Invest and Manage Trust, and Distribute Trust Property.

564-B:8-801 Duty to Administer, Invest and Manage Trust, and Distribute Trust Property. –
Upon acceptance of a trusteeship, the trustee shall administer, invest and manage the trust and distribute the trust property in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this chapter.
Source.
2004, 130:1. 2005, 270:19, eff. Sept. 20, 2005.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:8-803 - Impartiality.

564-B:8-803 Impartiality. –
If a trust has 2 or more beneficiaries, the trustee shall act impartially in administering, investing, managing, and distributing the trust property, giving due regard to the beneficiaries' respective interests.
Source.
2004, 130:1, eff. Oct. 1, 2004.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:8-804 - Prudent Administration.

564-B:8-804 Prudent Administration. –
A trustee shall administer, invest, and manage the trust and distribute the trust property as a prudent person would, by considering the purposes, terms, distributional requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.
Source.
2004, 130:1. 2005, 270:22, eff. Sept. 20, 2005.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:8-805 - Costs of Administration.

564-B:8-805 Costs of Administration. –
In administering, investing, and managing the trust and distributing the trust property, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust, and the skills of the trustee.
Source.
2004, 130:1. 2005, 270:23, eff. Sept. 20, 2005.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:8-806 - Trustee's Skills.

564-B:8-806 Trustee's Skills. –
A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise, shall use those special skills or expertise.
Source.
2004, 130:1, eff. Oct. 1, 2004.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:8-807 - Delegation by Trustee to an Agent.

564-B:8-807 Delegation by Trustee to an Agent. –
(a) A trustee may delegate to any person, even if that person is associated or affiliated with the trustee, any duty, power, investment function, or management function that a prudent trustee of comparable skills could properly delegate under the circumstances.
(b) The trustee shall exercise reasonable care, skill, and caution in:
(1) selecting an agent;
(2) establishing the scope and terms of the delegation, consistent with the purposes of the trust and the terms of the trust; and
(3) periodically reviewing the agent's actions for the purpose of monitoring the agent's performance and compliance with the scope and terms of the delegation.
(c) In performing a delegated duty, power, or function, an agent owes a duty to the trust to exercise reasonable care to comply with the scope and terms of the delegation.
(d) A trustee who complies with subsection (a) and (b) is not liable to the beneficiaries or to the trust for an action of the agent to whom the duty, power, or function was delegated.
(e) A trustee's delegation of a duty, power, or function to an agent under a power of attorney shall not be valid unless the power of attorney expressly refers to the trustee in his, her, or its capacity as a trustee of the trust.
(f) In the case of a trustee who is an individual, the trustee's delegation of any duty, power, or function to an agent under a power of attorney shall terminate upon the trustee's incapacity unless:
(1) The terms of the trust provide that the delegation may remain effective during the trustee's incapacity; and
(2) The power of attorney provides, that the delegation does not terminate upon the trustee's incapacity.
(g) By accepting a delegation of a duty, power, or function from a trustee of a trust that has its principal place of administration in this state or subsequently changes its principal place of administration to this state, an agent shall be subject to the personal jurisdiction of the courts of this state regarding any matter involving the trust.
Source.
2004, 130:1. 2006, 320:62, eff. Aug. 19, 2006. 2017, 257:27, eff. July 18, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:8-808 - Powers to Direct.

564-B:8-808 Powers to Direct. –
(a) While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust.
(b) If the terms of a trust, an agreement of the qualified beneficiaries, or a court order, confer upon a person (other than the settlor of a revocable trust) the power to direct certain actions of the trustee, then the trustee shall act in accordance with an exercise of the power.
(c) The terms of a trust may confer upon a trustee or other person a power to direct the modification or termination of the trust.
(d) A person who holds a power to direct is a trust advisor, except to the extent that the person is a beneficiary of the trust and, under such power, the person may direct the trustee to make distributions.
Source.
2004, 130:1. 2006, 320:63, eff. Aug. 19, 2006. 2008, 374:16, eff. Sept. 9, 2008.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:8-809 - Control and Protection of Trust Property.

564-B:8-809 Control and Protection of Trust Property. –
A trustee shall take reasonable steps to take control of and protect the trust property.
Source.
2004, 130:1, eff. Oct. 1, 2004.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:8-810 - Recordkeeping and Identification of Trust Property.

564-B:8-810 Recordkeeping and Identification of Trust Property. –
(a) A trustee shall keep adequate records of the administration of the trust.
(b) A trustee shall keep trust property separate from the trustee's own property.
(c) Except as otherwise provided in subsection (d) and in RSA 564-B:8-816(a)(7)(B), a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.
(d) If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of 2 or more separate trusts.
Source.
2004, 130:1. 2005, 270:24, eff. Sept. 20, 2005.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:8-811 - Enforcement and Defense of Claims.

564-B:8-811 Enforcement and Defense of Claims. –
A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.
Source.
2004, 130:1, eff. Oct. 1, 2004.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:8-812 - Collecting Trust Property.

564-B:8-812 Collecting Trust Property. –
(a) A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee.
(b) Except as otherwise provided under the terms of the trust, the trustee shall take reasonable steps to redress a breach of trust known to the trustee to have been committed by a cotrustee or a former trustee.
(c) Except as otherwise provided under the terms of the trust, the trustee shall take reasonable steps to redress a breach of trust actually known to the trustee to have been committed by a trust advisor, a former trust advisor, a trust protector, or a former trust protector. This subsection does not impose upon a trustee who is an excluded fiduciary any duty to monitor, duty to advise, or duty to warn as described under RSA 564-B:12-1204.
(d) A person who receives a distribution from a trust is liable to return the distribution to the extent that a court subsequently determines that the person was not entitled to the distribution.
Source.
2004, 130:1, eff. Oct. 1, 2004. 2014, 195:24, eff. July 1, 2014.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:8-814 - Discretionary Powers; Tax Savings.

564-B:8-814 Discretionary Powers;  Tax Savings. –
(a) Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as "absolute," "sole," or "uncontrolled," the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.
(b) Subject to the provisions of paragraph (a), if a distribution to or for the benefit of a beneficiary is subject to the exercise of the trustee's discretion, whether or not the terms of a trust include a standard to guide the trustee in making distribution decisions, then the beneficiary's interest is neither a property interest nor an enforceable right, but a mere expectancy.
(c) Subject to the provisions of paragraph (a), unless the terms of the trust expressly provide otherwise, if the terms of a trust permit distributions among a class of beneficiaries, distributions to or for the benefit of whom are subject to the exercise of the trustee's discretion without a standard to guide the trustee in making distribution decisions, then the trustee may make distributions unequally among the beneficiaries and may make distributions entirely to one beneficiary to the exclusion of the other beneficiaries.
(d) Subject to paragraph (f), and unless the terms of the trust expressly indicate that a rule in this paragraph does not apply:
(1) a person other than a settlor who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee's personal benefit may exercise the power only in accordance with an ascertainable standard; and
(2) a trustee may not exercise a power to make discretionary distributions to satisfy a legal obligation of support that the trustee personally owes another person.
(e) A power whose exercise is limited or prohibited by paragraph (d) may be exercised by a majority of the remaining trustees whose exercise of the power is not so limited or prohibited. If the power of all trustees is so limited or prohibited, the court may appoint a special trustee with authority to exercise the power.
(f) Paragraph (d) does not apply to:
(1) a power held by the settlor's spouse who is the trustee of a trust for which a marital deduction was previously allowed under section 2056(b)(5) or 2523(e) of the Internal Revenue Code;
(2) any trust during any period that the trust may be revoked or amended by its settlor; or
(3) a trust if contributions to the trust qualify for the annual exclusion under section 2503(c) of the Internal Revenue Code.
Source.
2004, 130:1. 2005, 270:26. 2006, 320:65, eff. Aug. 19, 2006. 2008, 374:15, eff. Sept. 9, 2008.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:8-815 - General Powers of Trustee.

564-B:8-815 General Powers of Trustee. –
(a) A trustee, without authorization by the court, may exercise:
(1) powers conferred by the terms of the trust; and
(2) except as limited by the terms of the trust:
(A) all powers over the trust property which an unmarried competent owner has over individually owned property;
(B) any other powers appropriate to achieve the proper administration, investment, management, and distribution of the trust property; and
(C) any other powers conferred by this chapter or other laws of this state.
(b) The exercise of a power is subject to the fiduciary duties prescribed by this article.
(c) The powers of a trustee are subject to the provisions of RSA 564-A:3, IV.
Source.
2004, 130:1. 2005, 270:27, eff. Sept. 20, 2005.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:8-817 - Distribution upon Termination.

564-B:8-817 Distribution upon Termination. –
(a) Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within 30 days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection.
(b) Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes.
(c) A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent:
(1) it was induced by improper conduct of the trustee; or
(2) beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts relating to the breach.
(d) A person who receives a distribution from a trust that has terminated is liable to return the distribution to the extent that a court subsequently determines that the person was not entitled to the distribution.
Source.
2004, 130:1, eff. Oct. 1, 2004. 2014, 195:26, eff. July 1, 2014.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:9-901 - Prudent Investor Rule.

564-B:9-901 Prudent Investor Rule. –
(a) Except as otherwise provided in subsection (b), a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in this chapter.
(b) The prudent investor rule may be expanded, restricted, eliminated, or otherwise altered by the terms of the trust except as provided in RSA 564-B:1-105(b)(2) and (3). A trustee is not liable to a beneficiary to the extent that the trustee acted in good faith and reasonable reliance on (1) the express terms of the trust, (2) a court order, (3) RSA 564-B:9-903, or (4) RSA 564-B:9-902(c)(10).
Source.
2004, 130:1. 2005, 270:31. 2006, 320:66, eff. Aug. 19, 2006. 2021, 103:4, eff. Aug. 30, 2021.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:9-903 - Diversification.

564-B:9-903 Diversification. –
A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying.
Source.
2004, 130:1, eff. Oct. 1, 2004.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:9-904 - Duties at Inception of Trusteeship.

564-B:9-904 Duties at Inception of Trusteeship. –
Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets, in order to bring the trust portfolio into compliance with the purposes, terms, distribution requirements, and other circumstances of the trust, and with the requirements of this chapter.
Source.
2004, 130:1, eff. Oct. 1, 2004.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:9-905 - Reviewing Compliance.

564-B:9-905 Reviewing Compliance. –
(a) Compliance with the prudent investor rule is determined:
(1) in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight; and
(2) by the trustee's conduct and not by the return realized from the investment and management of the trust assets.
(b) A trustee's failure to realize a return that equals or exceeds any financial index is not evidence of a trustee's failure to comply with the prudent investor rule.
Source.
2004, 130:1, eff. Oct. 1, 2004. 2014, 195:28, eff. July 1, 2014.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:9-906 - Language Invoking Standard of Article.

564-B:9-906 Language Invoking Standard of Article. –
The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under this article: "investments permissible by law for investment of trust funds," "legal investments," "authorized investments," "using the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital," "prudent man rule," "prudent trustee rule," "prudent person rule," and "prudent investor rule."
Source.
2004, 130:1, eff. Oct. 1, 2004.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:9-907 - Governing Law.

564-B:9-907 Governing Law. –
The provisions of article 9 of this code shall be construed as pertaining to the administration of a trust and as applicable to any trust that is administered in this state or that is governed by the laws of this state.
Source.
2008, 374:17, eff. Sept. 9, 2008.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:10-1001 - Remedies for Breach of Trust

564-B:10-1001 Remedies for Breach of Trust –
(a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
(b) To remedy a breach of trust that has occurred or may occur, the court may:
(1) compel the trustee to perform the trustee's duties;
(2) enjoin the trustee from committing a breach of trust;
(3) compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
(4) order a trustee to account;
(5) appoint a special fiduciary to take possession of the trust property and administer the trust;
(6) suspend the trustee;
(7) remove the trustee as provided in RSA 564-B:7-706;
(8) reduce or deny compensation to the trustee;
(9) subject to RSA 564-B:10-1012, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or
(10) order any other appropriate relief, including relief under RSA 547:3-b.
Source.
2004, 130:1, eff. Oct. 1, 2004.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.