2010 SB 421
This act codifies the laws governing family trust companies into a separate chapter of the state's laws (specifically, Chapter 392-B of the New Hampshire Revised Statutes Annotated). Text of SB 421
This act codifies the laws governing family trust companies into a separate chapter of the state's laws (specifically, Chapter 392-B of the New Hampshire Revised Statutes Annotated). Text of SB 421
This act establishes a statutory decanting power, expands and clarifies the laws governing trust advisors and trust protectors, and allows the formation of self-settled spendthrift trusts (also called asset protection trusts). 2008 SB 465
In the Lowy case, the New Hampshire Supreme Court construed the terms of a trust. The court wrote that: "When we construe a trust, the intention of a settlor is paramount, and we determine that intent, whenever possible, from the express terms of the trust itself. Moreover, we reject any construction of trust language that would defeat the clear and expressed intention of a settlor." (Internal citations omitted.) Appeal of Lowy 156 NH. 57 (2007)
The Trust Modernization and Competitiveness Act marks a significant advancement in New Hampshire's trust laws. The act allows the formation of family trust companies (also known as family fiduciary services companies), significantly expands the provisions governing directed trusts, trust advisors, and trust protectors, and adopts the Uniform Principal and Income Act. Text of the Trust Modernization and Competitiveness Act
This act generally clarifies the jurisdiction of the probate court with respect to trusts. Text of SB 332
This act modifies a trustee's duty to inform, modifies creditor rights with respect to discretionary and spendthrift trusts, and makes other changes to the Uniform Trust Code. Text of HB 542
With this act, New Hampshire adopts the Uniform Trust Code. Text of HB 1224
This act repeals the rule against perpetuities. 2003 HB 431