reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:11 - Effect of Appointment.

564:11 Effect of Appointment. –
Every trustee appointed by the judge shall be bound by the provisions of this chapter in the same manner as if he were appointed by the will, and the estate given in trust shall vest in such trustee in like manner, to all intents and purposes, as the same vested in the original trustee under the will.
Source.
RS 168:6. CS 178:6. GS 186:6. GL 205:6. PS 198:7. PL 309:11. RL 363:11.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:12 - Agent to be Appointed by Trustee.

564:12 Agent to be Appointed by Trustee. –
Every resident trustee who removes from the state or who goes out of the state with the intention of being absent more than a year, and every resident of another state who is appointed trustee within this state, shall forthwith appoint some person residing in this state as his agent, to receive notice of claims against the estate and service of process against him as trustee. The appointment shall be in writing, and shall state the full name and post office address of the agent, and shall be filed in the office of the clerk.
Source.
1953, 70:1, eff. April 2, 1953. 2011, 88:20, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:13 - Duties.

564:13 Duties. –
Any trustee appointed by the judge shall demand and receive of the original trustee all such estate as may have come to his hands by virtue of the trust, and shall manage, pay, and deliver over such property, or the income thereof, in the same manner and under the same obligations and duties as guardians, except as otherwise provided in the instrument creating the trust.
Source.
RS 168:8. CS 178:8. GS 186:8. GL 205:8. PS 198:9. PL 309:12. RL 363:12.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:14 - Authority to Sell, Etc.

564:14 Authority to Sell, Etc. –
The judge, on application of a trustee or of any person interested, may, after notice to all persons interested, authorize and require the trustee to sell any property holden in trust, and to invest the proceeds of the sale in such manner as will be most for the interest of all persons concerned therein; and the judge may, from time to time, make such orders and decrees as he may think just and reasonable, in relation to the sale, management, investment, and disposition of the trust property and the settlement of the account of the trustee.
Source.
RS 168:9. CS 178:9. GS 186:9. GL 205:9. PS 198:10. PL 309:13. RL 363:13.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:15 - Termination of Trust.

564:15 Termination of Trust. –
When the purposes for which any trust was created have been performed, the judge may, by license and decree, authorize the trustee to transfer, by suitable deed or conveyance, any property remaining in his hands to such person as shall be entitled thereto.
Source.
1903, 130:1. PL 309:14. RL 363:14.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:15-a - Repealed by 2004, 130:9, I, eff. Oct. 1, 2004.

564:15-a Repealed by 2004, 130:9, I, eff. Oct. 1, 2004. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:16 - Authority to Mortgage, Etc.

564:16 Authority to Mortgage, Etc. –
The judge, upon petition of a trustee, may authorize a mortgage or a lease of the trust property, as provided in the case of guardians by RSA 462.
Source.
1915, 11:1. PL 309:15. RL 363:15.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:17 - Purchase of Fractional Part.

564:17 Purchase of Fractional Part. –
When a trust estate is seized of an undivided fractional part of real estate the judge, upon petition of the trustee, notice and hearing, may authorize the trustee to purchase any other undivided fractional part of such real estate when it will be conducive to the interests of the trust estate to do so; and when the trustee shall be so authorized he may make the purchase and use the funds of the trust to pay the purchase money.
Source.
1915, 11:3. PL 309:16. RL 363:16.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:18 - Repealed by 2004, 130:9, II, eff. Oct. 1, 2004.

564:18 Repealed by 2004, 130:9, II, eff. Oct. 1, 2004. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:20 - Conveyance by Administrator.

564:20 Conveyance by Administrator. –
When any person deceased shall, at the time of his death, hold any real estate in trust for the use of another, and there is no dispute as to the trust or title of the deceased therein, the judge for the county in which such real estate is situate, upon application and notice, may license the executor or administrator of such deceased person to convey such real estate to the person for whose use the same was holden in trust by the deceased, or to such other person as may be designated by the judge.
Source.
1848, 732:1. CS 178:10. GS 186:10. GL 205:10. PS 198:13. PL 309:19. RL 363:19.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:21 - Compensation for Trustees of Non-Charitable Trusts.

564:21 Compensation for Trustees of Non-Charitable Trusts. –
I. A trustee of a non-charitable trust shall be allowed reasonable expenses incurred in the execution of the trust; and unless otherwise expressly provided in the trust instrument, such trustee shall have such reasonable compensation for services as the judge may allow.
II. In the case of any corporate or professional trustee of a non-charitable trust, the probate court recognizes a rebuttable presumption that reasonable compensation for the trustee's services shall be defined by that institution's or professional's published inter vivos fee schedule or fee agreement, in effect at the time services are rendered. Corporate or professional trustees shall submit an affidavit to the probate court reciting their inter vivos fee schedule or fee agreement, in effect at the time services were rendered; a statement that the charges for the services rendered in this account are in accordance with the charges in that fee schedule or fee agreement; and a certification that the beneficiaries were notified of that fee schedule or fee agreement. Preparation of any trustee account or appearance at probate court, by a corporate or professional trustee, if required, shall not ordinarily be an additional charge.
III. Unless otherwise expressly provided in the trust instrument, such compensation and expenses shall be apportioned between income and principal as the trustee shall determine to be equitable, and shall be reviewed by the probate court.
Source.
1947, 283:1. RSA 564:21. 1965, 176:1. 1997, 278:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:21-a - Compensation for Trustees of Charitable Trusts.

564:21-a Compensation for Trustees of Charitable Trusts. –
A trustee of a charitable trust shall be allowed reasonable expenses incurred in the execution of the trust; and unless otherwise expressly provided in the trust instrument, the trustee shall have such reasonable compensation for services as the judge may allow. Such compensation and expenses shall be payable as provided in the trust instrument, or in the absence of such direction, shall be payable out of income. Such compensation may also be payable out of principal, or both income and principal, if approved annually in writing by a duly authorized representative of the governing body of the charitable beneficiary or beneficiaries. Any such compensation and fee schedules shall be subject to approval of the court.
Source.
1997, 278:2. 1998, 376:2, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:22 - Charitable Trusts, Internal Revenue Laws.

564:22 Charitable Trusts, Internal Revenue Laws. –
I. In the administration of any trust which is a "private foundation" as defined in section 509 of the United States Internal Revenue Code of 1954, or which is a "charitable trust" as defined in section 4947(a)(1) of the Internal Revenue Code of 1954, or which is a "split interest trust" as defined in section 4947(a)(2) of that code, the following acts are prohibited:
(a) engaging in any act of "self-dealing" (as defined in section 4941(d) of the Internal Revenue Code of 1954) which would give rise to any liability for the tax imposed by section 4941(a) of the Internal Revenue Code of 1954;
(b) retaining any "excess business holdings" (as defined in section 4943(c) of the Internal Revenue Code of 1954) which would give rise to any liability for the tax imposed by section 4943(a) of the Internal Revenue Code of 1954;
(c) making any investments which would jeopardize the carrying out of any of the exempt purposes of the trust, within the meaning of section 4944 of the Internal Revenue Code of 1954, so as to give rise to any liability for the tax imposed by section 4944(a) of the Internal Revenue Code of 1954; and
(d) making any "taxable expenditures" (as defined in section 4945(d) of the Internal Revenue Code of 1954) which would give rise to any liability for the tax imposed by section 4945(a) of the Internal Revenue Code of 1954. However, this paragraph does not apply to those split-interest trusts or to any amounts thereof which are not subject to the prohibitions applicable to private foundations by reason of the provisions of section 4947 of the Internal Revenue Code of 1954.
II. In the administration of any trust which is a "private foundation" as defined in section 509 of the Internal Revenue Code of 1954, or which is a "charitable trust" as defined in section 4947(a)(1) of the Internal Revenue Code of 1954, there shall be distributed, for the purposes specified in the trust instrument, for each taxable year, amounts at least sufficient to avoid liability for the tax imposed by section 4942(a) of the Internal Revenue Code of 1954.
III. The provisions of paragraphs I and II shall apply to any trust except to the extent that a court of competent jurisdiction determines that the application of those paragraphs to a trust would be contrary to the terms of the instrument governing the trust, and that the instrument cannot properly be changed to conform to those paragraphs.
IV. Nothing in this section impairs the rights and powers of the courts or the attorney general with respect to any trust.
V. All references to sections of the Internal Revenue Code of 1954 include amendments to those sections which are made after the effective date of this section, and include all corresponding provisions of any United States internal revenue laws which replace the Internal Revenue Code of 1954.
Source.
1971, 380:1, eff. Aug. 27, 1971.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:23 - Repealed by 2004, 130:9, III, eff. Oct. 1, 2004.

564:23 Repealed by 2004, 130:9, III, eff. Oct. 1, 2004. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:24 - Exemption from Rule Against Perpetuities.

564:24 Exemption from Rule Against Perpetuities. –
I. The common law rule against perpetuities shall not apply to any disposition of property or interest therein, created after the effective date of this section, if:
(a) The instrument making the disposition or creating the interest contains a provision which expressly exempts the instrument from the application of the rule against perpetuities; and
(b) The trustee, or other person to whom the power is properly granted or delegated, has the power under the governing instrument, applicable statute, or common law, to sell, mortgage, or lease property for any period of time beyond the period that is required for an interest created under the governing instrument to vest in order to be valid under the rule against perpetuities.
II. [Repealed.]
Source.
2003, 143:2, eff. Jan. 1, 2004. 2014, 195:39, I, eff. July 1, 2014.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564 - Trustees of Estates › Section 564:25 - Application of the New Hampshire Trust Code.

564:25 Application of the New Hampshire Trust Code. –
The provisions of RSA 564-B, the New Hampshire Trust Code, shall apply to all trusts under a will governed by this chapter, except to the extent that any provisions of the New Hampshire Trust Code conflict with the express provisions of this chapter, in which case the provisions of this chapter shall control.
Source.
2011, 243:6, eff. Sept. 11, 2011. 2015, 272:70, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-A - Certain Provisions Regarding Trusts › Section 564-A:1 - Definitions.

564-A:1 Definitions. –
As used in this chapter:
I. "Trust" means an express trust created by: a judgment or decree of the probate court, including a special needs trust authorized by 42 U.S.C. 1396p(d)(4)(A) and (C); and a trust instrument, including a will, whereby a trustee has the duty to administer a trust asset for the benefit of a named or otherwise described income or principal beneficiary, or both. "Trust" does not include a resulting or constructive trust, a business trust which provides for certificates to be issued to the beneficiary, an investment trust, a voting trust, a security instrument, a trust created by the judgment or decree by any other court, a liquidation trust, or a trust for the primary purpose of paying dividends, interest, interest coupons, salaries, wages, pensions or profits, or employee benefits of any kind, an instrument wherein a person is nominee or escrowee for another, a trust created in deposits in any financial institution, or other trust the nature of which does not admit of general trust administration;
II. "Trustee" means an original, added, or successor trustee;
III. [Repealed.]
Source.
1969, 312:1. 2004, 130:9, IV, eff. Oct. 1, 2004. 2008, 97:2, eff. May 21, 2008.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-A - Certain Provisions Regarding Trusts › Section 564-A:2 - Repealed by 2004, 130:9, V, eff. Oct. 1, 2004.

564-A:2 Repealed by 2004, 130:9, V, eff. Oct. 1, 2004. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-A - Certain Provisions Regarding Trusts › Section 564-A:3-b - Repealed by 2004, 130:9, IX, eff. Oct. 1, 2004.

564-A:3-b Repealed by 2004, 130:9, IX, eff. Oct. 1, 2004. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-A - Certain Provisions Regarding Trusts › Section 564-A:3-c - Repealed by 2008, 374:25, eff. Sept. 9, 2008.

564-A:3-c Repealed by 2008, 374:25, eff. Sept. 9, 2008. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-A - Certain Provisions Regarding Trusts › Section 564-A:4 - Repealed by 2004, 130:9, X, eff. Oct. 1, 2004.

564-A:4 Repealed by 2004, 130:9, X, eff. Oct. 1, 2004. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-A - Certain Provisions Regarding Trusts › Section 564-A:5 - Power of Court to Permit Deviation or to Approve Transactions Involving Conflict of Interest.

564-A:5 Power of Court to Permit Deviation or to Approve Transactions Involving Conflict of Interest. –
I. This chapter does not affect the power of the probate court for cause shown and upon petition of the trustee or affected beneficiary and upon appropriate notice to the affected parties to relieve a trustee from any restrictions on the trustee's power that would otherwise be placed upon the trustee by the trust or by this chapter.
II. [Repealed.]
Source.
1969, 312:1. 1992, 284:72. 2004, 130:9, XI, eff. Oct. 1, 2004.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-A - Certain Provisions Regarding Trusts › Section 564-A:6 - Repealed by 2004, 130:9, XII, eff. Oct. 1, 2004.

564-A:6 Repealed by 2004, 130:9, XII, eff. Oct. 1, 2004. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-A - Certain Provisions Regarding Trusts › Section 564-A:8 - Applicability of Chapter.

564-A:8 Applicability of Chapter. –
Except as specifically provided in the trust, the provisions of this chapter apply to any trust established after the effective date of this chapter and to any trust asset acquired by the trustee after the effective date of this chapter.
Source.
1969, 312:1, eff. Aug. 29, 1969.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-A - Certain Provisions Regarding Trusts › Section 564-A:9 - Uniformity of Interpretation.

564-A:9 Uniformity of Interpretation. –
This chapter shall be construed to effectuate its general purpose to make uniform the law of those states which enact it.
Source.
1969, 312:1, eff. Aug. 29, 1969.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-A - Certain Provisions Regarding Trusts › Section 564-A:10 - Repealed by 2005, 270:36, eff. Sept. 20, 2005.

564-A:10 Repealed by 2005, 270:36, eff. Sept. 20, 2005. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-A - Certain Provisions Regarding Trusts › Section 564-A:11 - Severability.

564-A:11 Severability. –
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Source.
1969, 312:1, eff. Aug. 29, 1969.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:1-101 - Short Title.

564-B:1-101 Short Title. –
This chapter may be cited as the New Hampshire Trust Code.
Source.
2004, 130:1, eff. Oct. 1, 2004. 2015, 272:67, 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:1-102 - Scope.

564-B:1-102 Scope. –
(a) This chapter applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust.
(b) Without precluding other means for establishing that this chapter applies to a specific trust, this chapter applies to a trust to the extent that the terms of the trust provide that this state's laws govern the trust's validity, interpretation, or administration.
(c) Unless otherwise provided under the terms of the trust, New Hampshire law shall apply to the administrative matters of a trust that has its principal place of administration within this state.
(d) This chapter shall not limit the authority of the director of charitable trusts or the department of health and human services as otherwise provided by statute or common law.
Source.
2004, 130:1, eff. Oct. 1, 2004. 2014, 195:6, 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:1-104 - Knowledge.

564-B:1-104 Knowledge. –
(a) Subject to subsection (b), a person has knowledge of a fact if the person:
(1) has actual knowledge of it;
(2) has received a notice or notification of it; or
(3) from all the facts and circumstances known to the person at the time in question, has reason to know it.
(b) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.
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:1-105 - Default and Mandatory Rules.

564-B:1-105 Default and Mandatory Rules. –
(a) Except as otherwise provided in the terms of the trust, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.
(b) The terms of a trust prevail over any provision of this chapter except:
(1) the requirements for creating a trust;
(2) the duty of a trustee to act in good faith and in accordance with the terms of the trust, the purposes of the trust, and the interests of the beneficiaries;
(3) the requirement that a trust and the terms of that trust be for the benefit of its beneficiaries as their interests are defined under the terms of the trust, and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve;
(4) the power of the court to modify or terminate a trust under RSA 564-B:4-410 through RSA 564-B:4-416;
(5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in article 5;
(6) the power of the court under RSA 564-B:7-702 to require, dispense with, or modify or terminate a bond;
(7) the power of the court under RSA 564-B:7-708(b) to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high;
(8) the effect of an exculpatory term under RSA 564-B:10-1008;
(9) the rights under RSA 564-B:10-1010 through RSA 564-B:10-1013 of a person other than a trustee or beneficiary;
(10) statutory periods of limitation for commencing a judicial proceeding;
(11) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice;
(12) the subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in RSA 564-B:2-203 and RSA 564-B:2-204;
(13) an interested person's rights under RSA 564-B:1-111A(b);
(14) the extent to which a no-contest provision is unenforceable or inapplicable under RSA 564-B:10-1014;
(15) if, under the terms of the trust, a trust advisor or trust protector is a fiduciary, the duty of the trust advisor or trust protector to act in good faith and in accordance with the terms of the trust, the purposes of the trust, and the interests of the beneficiaries;
(16) to the extent that the trust is a charitable trust, the requirement that a trust advisor or trust protector is a fiduciary, regardless of whether the charitable trust was created before, on, or after the effective date of this paragraph or the trust advisor or trust protector accepted his, her, or its appointment before, on, or after the effective date of this paragraph; and
(17) to the extent that a trust is a charitable trust, the limitations on the trustee's power to decant under RSA 564-B:4-418 and the limitations on the trustee's power of modification under RSA 564-B:4-419.
Source.
2004, 130:1. 2005, 270:3, 4. 2006, 320:49, eff. Aug. 19, 2006. 2011, 243:7, eff. Sept. 11, 2011. 2014, 195:9, eff. July 1, 2014. 2017, 257:4, 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:1-106 - Common Law of Trusts; Principles of Equity.

564-B:1-106 Common Law of Trusts;  Principles of Equity. –
The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or another statute of this state.
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:1-107 - Governing Law.

564-B:1-107 Governing Law. –
(a) The meaning and effect of the terms of a trust are determined by:
(1) the law of the jurisdiction designated in the terms of the trust unless the designation of that jurisdiction's law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue; or
(2) in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.
(b) Without precluding other circumstances under which this state has the most significant relationship to a matter affecting a trust, this state has the most significant relationship to a matter involving a trust's validity, construction, or administration if:
(1) under the terms of the trust, this state's laws govern that matter; and
(2) the trust has its principal place of administration in this state.
Source.
2004, 130:1, eff. Oct. 1, 2004. 2015, 272:65, 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:1-108 - Principal Place of Administration.

564-B:1-108 Principal Place of Administration. –
(a) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if:
(1) a trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction; or
(2) all or part of the administration occurs in the designated jurisdiction.
(b) A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration, and the interests of the beneficiaries.
(c) Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee, in furtherance of the duty prescribed by subsection (b), may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States.
(d) The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration not less than 60 days before initiating the transfer. The notice of proposed transfer must include:
(1) the name of the jurisdiction to which the principal place of administration is to be transferred;
(2) the address and telephone number at the new location at which the trustee can be contacted;
(3) an explanation of the reasons for the proposed transfer;
(4) the date on which the proposed transfer is anticipated to occur; and
(5) the date, not less than 60 days after the giving of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer.
(e) The authority of a trustee under this section to transfer a trust's principal place of administration terminates if the qualified beneficiary or, if more than one, a majority of qualified beneficiaries, notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.
(f) Unless otherwise provided under the terms of the trust or an agreement among the trustees, a trust has a principal place of administration in this state if (1) a trustee's principal place of business is located in this state or, if a trustee is an individual, that trustee is a resident of this state and (2) all or part of the administration occurs in this state.
Source.
2004, 130:1, eff. Oct. 1, 2004. 2014, 195:10, 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:1-109 - Methods and Waiver of Notice.

564-B:1-109 Methods and Waiver of Notice. –
(a) Notice to a person under this chapter or the sending of a document to a person under this chapter must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, commercial delivery service, courier service, and delivery to the person's last known place of residence or place of business, or a properly directed electronic message.
(b) Notice otherwise required under this chapter or a document otherwise required to be sent under this chapter need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.
(c) Notice under this chapter or the sending of a document under this chapter may be waived by the person to be notified or sent the document.
(d) Notice of a judicial proceeding must be given as provided in the applicable rules of civil procedure.
(e) Notice to any minor or incapacitated individual shall not be effective unless such notice is sent to a person who represents and can bind such minor or incapacitated individual in accordance with the provisions of Article 3 of this chapter.
Source.
2004, 130:1, eff. Oct. 1, 2004. 2011, 243:18, eff. Sept. 11, 2011.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-B - New Hampshire Trust Code › Section 564-B:1-110 - Others Treated as Qualified Beneficiaries.

564-B:1-110 Others Treated as Qualified Beneficiaries. –
(a) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this chapter if the charitable organization, on the date the charitable organization's qualification is being determined:
(1) is a distributee or permissible distributee of trust income or principal;
(2) would be a distributee or permissible distributee of trust income or principal upon the termination of the interests of the distributees then receiving or eligible to receive distributions; or
(3) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.
(b) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in RSA 564-B:4-408 or RSA 564-B:4-409 has the rights of a qualified beneficiary under this chapter.
(c) The director of charitable trusts has the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in this state if the charitable trust describes a charitable purpose but does not designate a specific charitable organization as a beneficiary for that charitable purpose and if trust income or principal, on the date the qualification is being determined:
(A) is distributable to carry out the charitable purpose;
(B) would be distributable to carry out the charitable purpose upon the termination of the interests of the distributees or permissible distributees then receiving or eligible to receive distributions; or
(C) would be distributable to carry out the charitable purpose if the trust terminated on that date.
(d) No provision of this chapter shall limit the authority of the director of charitable trusts to supervise and control charitable organizations.
Source.
2004, 130:1. 2005, 270:5. 2006, 320:50, 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: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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 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.