564-B:10-1006 Reliance on Trust Instrument. – A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance. Source. 2004, 130:1, eff. Oct. 1, 2004.
564-B:10-1007 Event Affecting Administration or Distribution. – If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee’s […]
564-B:10-1008 Exculpation of Trustee. – (a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it: (1) relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests […]
564-B:10-1009 Beneficiary’s Consent, Release, or Ratification. – A trustee is not liable to a beneficiary for breach of trust if the beneficiary, consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless: (1) the consent, release, or ratification of the beneficiary […]
564-B:10-1010 Limitation on Personal Liability of Trustee. – (a) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee’s fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity. (b) A trustee is […]
564-B:10-1011 Interest as General Partner. – (a) Except as otherwise provided in subsection (c) or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust’s […]
564-B:10-1012 Protection of Person Dealing with Trustee. – (a) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee’s powers is protected from liability as if the […]
564-B:10-1013 Certification of Trust. – (a) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information: (1) that the trust exists and the date the trust instrument was executed; (2) the identity of […]
564-B:10-1014 Enforcement of No-Contest Provision. – (a) For the purposes of this section, a "no-contest provision" of a trust instrument means a provision that, if given effect, would reduce or eliminate the interest of any beneficiary of such trust who, directly or indirectly, initiates or otherwise pursues: (1) Any action to contest the validity […]
564-B:10-1015 Beneficiary’s Disclaimer of an Interest in a Trust. – (a) In addition to a beneficiary’s right to disclaim an interest in a trust under RSA 563-B and any other method for refusing to accept an interest in a trust, a beneficiary may disclaim an interest in a trust, including a trust that contains […]
564-B:10-1016 Powers of Appointment. – (a) A power of appointment is exercised only: (1) If the instrument exercising the power is valid under applicable law; (2) If the terms of the instrument exercising the power: (A) Manifest the powerholder’s intent to exercise the power; and (B) Subject to subsection (b), satisfy any requirements that […]
564-B:11-1101 Uniformity of Application and Construction. – In applying and construing this chapter, primary consideration shall be given to the preservation of the settlor’s intent as expressed in the terms of the trust. Secondary consideration shall be given to the following objectives, in no order of priority among them: (1) the protection of the […]
564-B:11-1102 Electronic Records and Signatures. – The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce […]
564-B:11-1103 Severability Clause. – If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are […]
564-B:11-1104 Application to Existing Relationships. – (a) Except as otherwise provided in this chapter, on the effective date of this chapter: (1) this chapter applies to all trusts created before, on, or after its effective date; (2) this chapter applies to all judicial proceedings concerning trusts commenced on or after its effective date; (3) […]
564-B:12-1201 Powers of Trust Advisors and Trust Protectors. – (a) A trust protector or trust advisor is any person, other than a trustee, who under the terms of the trust, an agreement of the qualified beneficiaries, or a court order has a power or duty with respect to a trust, including, without limitation, one […]
564-B:12-1202 Trust Advisors and Trust Protectors as Fiduciaries. – (a) Except as otherwise provided under the terms of the trust, a trust advisor of a noncharitable trust or trust protector of a noncharitable trust is a fiduciary with respect to each power granted to such trust advisor or trust protector. A trust advisor of […]
564-B:12-1203 Trust Advisor and Trust Protector Subject to Court Jurisdiction. – (a) By accepting an appointment to serve as a trust advisor or trust protector of a trust that has its principal place of administration in this state or, in accordance with the terms of the trust or applicable law, changes its principal place […]
564-B:12-1204 No Duty to Review Actions of Trustee, Trust Advisor, or Trust Protector. – (a) Whenever, pursuant to the terms of a trust, an agreement of the qualified beneficiaries, or a court order, an excluded fiduciary is to follow the direction of a trustee, trust advisor, or trust protector with respect to investment decisions, […]
564-B:12-1205 Fiduciary’s Liability for Action or Inaction of Trustee, Trust Advisor, and Trust Protector. – An excluded fiduciary is not liable for (i) any loss resulting from any action or inaction of a trustee, trust advisor, or trust protector or (ii) any loss that results from the failure of a trustee, trust advisor, or […]
