2014 New Hampshire Revised Statutes
Title LVI - PROBATE COURTS AND DECEDENTS' ESTATES
Chapter 564-B - UNIFORM TRUST CODE
Section 564-B:1-111A - Nonjudicial Dispute Resolution.

NH Rev Stat § 564-B:1-111A (2014) What's This?

    564-B:1-111A Nonjudicial Dispute Resolution. – (a) If the terms of the trust require the interested persons to resolve a trust dispute exclusively by reasonable nonjudicial procedures, then those interested persons shall resolve that trust dispute in accordance with the terms of the trust.
    (b) An interested person may commence a judicial proceeding to determine whether the nonjudicial procedures are reasonable. To the extent that the terms of the trust purport to prohibit an interested person from commencing a judicial proceeding under this subsection or penalize an interested person for commencing a judicial proceeding under this subsection, those terms of the trust are void.
    (c) For purposes of this section, "interested person'' means any person who would be an interested person in a judicial proceeding to resolve the trust dispute.
    (d) For purposes of this section, "trust dispute'' means any matter in which a court has subject-matter jurisdiction under RSA 564-B:2-203, excluding (1) a determination of the validity of the trust or (2) a determination of any material purpose of the trust, including a determination of whether any modification, termination, or other action is consistent with a material purpose of the trust.
    (e) Unless the director of charitable trust expressly consents to the nonjudicial procedures, those procedures shall not apply to any matter involving a charitable trust. Unless the department of health and human services expressly consents to the nonjudicial procedures, those procedures shall not apply any matter in which that department would be an interested person.

Source. 2014, 195:11, eff. July 1, 2014.


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