The New Hampshire Trust Council has filed a friend of the court (amicus) brief in the New Hampshire Supreme Court. In re Teresa E. Craig Living Trust, Docket No. 2017-0532. Prepared by Todd Mayo and Glenn Perlow of Perspecta Trust, the brief addresses a question certified to the Supreme Court by the New Hampshire Probate Court regarding application of the pretermitted heir statute.
The pretermitted heir statute (RSA 551:10) provides children (and their descendants) who were inadvertently omitted from a will with the same share of the estate they would have received had there been no will (an intestate share). In […]
In the Shelton case, the New Hampshire Supreme Court upheld the division of fiduciary duties between trustees and investment directors (in this case, essentially a form of trust advisors), and the court affirmed the application of a no-contest provision against the beneficiary who contested the trust.
In the Goodlander case, the New Hampshire Supreme Court explained the limited extent to which a beneficiary’s spouse might reach a beneficiary’s interest in a trust. The court notably acknowledged that, under New Hampshire’s Uniform Trust Code, a beneficiary’s interest in a trust is a mere expectancy.
In the Tamposi case, the New Hampshire Probate Court upheld the division of duties between the trustees and the investment directors and enforced a no-contest provision against the beneficiary who contested the trust.
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.)