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.