New Hampshire Enhances Its Trust Laws
by the New Hampshire Trust Council
Revised July 28, 2014
In July 2014, New Hampshire enacted a sweeping new trust law. The new law includes:
- Enhanced protection of settlor intent
- Lifetime approval of wills and trusts
- Enforcement of arbitration or other nonjudicial dispute resolution procedures
- Rejection of the fiduciary exception to the attorney-client privilege
- Expansion and clarification of the decanting statute
- Creation of a trustee’s power to modify the terms of the trust
- Procedures for disposing of claims against a settlor or a trust
- Limitation on the liability of beneficiaries
This white paper summarizes those key features of the new law.
The Trust Council also has issued a press release announcing the new law’s enactment.