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2017 New Hampshire Revised Statutes
Title LVI - PROBATE COURTS AND DECEDENTS' ESTATES
Chapter 564 - TRUSTEES OF ESTATES
Section 564:9 - Removal or Replacement.
Universal Citation: NH Rev Stat § 564:9 (2017)
564:9 Removal or Replacement. –
I. A trustee who, in the opinion of the judge, becomes incompetent, unsuitable, or who shall neglect or refuse to comply with the provisions of this chapter may be removed following a hearing which is preceded by notice to the trustee, all known beneficiaries, and such other persons determined by the judge to be interested in the trust.
II. A beneficiary or co-trustee of a trust who believes that the existing trustee should be replaced by a more suitable trustee may petition the court for such replacement. Upon receiving such a petition, and upon the court's determination that all other known beneficiaries have been notified, the court may remove the existing trustee and appoint a replacement trustee when, upon considering all relevant factors, the court finds that a change in trustee would be in keeping with the intent of the grantor, provided further that in deciding whether to replace a trustee, the court may consider the following additional factors in making such determination:
(a) It would substantially improve or benefit the administration of the trust.
(b) The relationship between the grantor and the trustee as it existed at the time the trust was created.
(c) Changes in the nature of the trustee since the creation of the trust.
(d) The relationship of the trustee with the beneficiaries.
(e) The responsiveness of the trustee to the beneficiaries.
(f) The experience and level of skill of the trustee.
(g) The investment performance of the trustee.
(h) The charges for services performed by the trustee.
(i) Any other reasonable factors pertaining to the administration of the trust.
III. This section shall apply to a trust or trustee of a trust, as defined in RSA 564-A:1.
I. A trustee who, in the opinion of the judge, becomes incompetent, unsuitable, or who shall neglect or refuse to comply with the provisions of this chapter may be removed following a hearing which is preceded by notice to the trustee, all known beneficiaries, and such other persons determined by the judge to be interested in the trust.
II. A beneficiary or co-trustee of a trust who believes that the existing trustee should be replaced by a more suitable trustee may petition the court for such replacement. Upon receiving such a petition, and upon the court's determination that all other known beneficiaries have been notified, the court may remove the existing trustee and appoint a replacement trustee when, upon considering all relevant factors, the court finds that a change in trustee would be in keeping with the intent of the grantor, provided further that in deciding whether to replace a trustee, the court may consider the following additional factors in making such determination:
(a) It would substantially improve or benefit the administration of the trust.
(b) The relationship between the grantor and the trustee as it existed at the time the trust was created.
(c) Changes in the nature of the trustee since the creation of the trust.
(d) The relationship of the trustee with the beneficiaries.
(e) The responsiveness of the trustee to the beneficiaries.
(f) The experience and level of skill of the trustee.
(g) The investment performance of the trustee.
(h) The charges for services performed by the trustee.
(i) Any other reasonable factors pertaining to the administration of the trust.
III. This section shall apply to a trust or trustee of a trust, as defined in RSA 564-A:1.
Source. RS 168:7. CS 178:7. GS 186:7. GL 205:7. PS 198:8. PL 309:9. RL 363:9. RSA 564:9. 1998, 376:1. 2003, 123:1, eff. Jan. 1, 2004.
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