Bloomberg Tax’s Tax Management Estates, Gifts and Trusts Journal has published an article on The New Hampshire Foundation Act, outlining the uses and benefits of New Hampshire Foundations. Please click here to read/download the full article.

This article was previously published in the June 2016 issue of Estate Planning (Thomson Reuters/Tax & Accounting) and in the Q3 2016 issue of Terralex.

Authors: STEVEN BURKE, THANDA FIELDS BRASSARD, VON E. SANBORN, AND CONSTANCE E. SHIELDS

The State of New Hampshire has some of the most progressive and flexible trust statutes in the United States.  Consequently, it is one of the premier jurisdictions for establishing and administering trusts. Over the last decade, New Hampshire legislators have actively engaged in modernizing New Hampshire’s trust laws so that the state is an attractive safe-haven for both domestic and foreign private wealth. Among […]

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 […]