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2018 New Hampshire Revised Statutes
Title LVI - Probate Courts and Decedents' Estates
Chapter 564-B - New Hampshire Trust Code
Section 564-B:4-410 - Modification or Termination of Trust; Proceedings for Approval or Disapproval.
Universal Citation: NH Rev Stat § 564-B:4-410 (2018)
564-B:4-410 Modification or Termination of Trust; Proceedings for Approval or Disapproval. –
(a) In addition to the methods of termination prescribed by RSA 564-B:4-411 through RSA 564-B:4-414, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become unlawful, contrary to public policy, or impossible to achieve.
(b) Any of the following persons may commence a judicial proceeding to approve or disapprove a proposed modification or termination under RSA 564-B:4-411 through RSA 564-B:4-416, a proposed trust combination under RSA 564-B:4-417(a), or a proposed trust division under RSA 564-B:4-417(b):
(1) A trustee;
(2) A trust advisor or trust protector to the extent that, under the terms of the trust, the trust advisor or trust protector has:
(A) The power to modify the terms of the trust;
(B) The power to terminate the trust;
(C) The power to commence a judicial proceeding to modify the terms of the trust;
(D) The power to commence a judicial proceeding to terminate the trust;
(E) The power to direct the modification of the terms of the trust;
(F) The power to direct the termination of the trust; or
(G) Any substantially similar power;
(3) A beneficiary; or
(4) To the extent that the trust is a charitable trust, the director of charitable trusts.
(c) A settlor of a charitable trust may commence a judicial proceeding to modify the trust under RSA 564-B:4-413, and in that proceeding, the director of charitable trusts shall be a necessary party.
(d) A modification or termination under RSA 564-B:4-410, RSA 564-B:4-411, RSA 564-B:4-412, RSA 564-B:4-413, RSA 564-B:4-415, or RSA 564-B:4-416 shall not violate any of the trust's material purposes.
(a) In addition to the methods of termination prescribed by RSA 564-B:4-411 through RSA 564-B:4-414, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become unlawful, contrary to public policy, or impossible to achieve.
(b) Any of the following persons may commence a judicial proceeding to approve or disapprove a proposed modification or termination under RSA 564-B:4-411 through RSA 564-B:4-416, a proposed trust combination under RSA 564-B:4-417(a), or a proposed trust division under RSA 564-B:4-417(b):
(1) A trustee;
(2) A trust advisor or trust protector to the extent that, under the terms of the trust, the trust advisor or trust protector has:
(A) The power to modify the terms of the trust;
(B) The power to terminate the trust;
(C) The power to commence a judicial proceeding to modify the terms of the trust;
(D) The power to commence a judicial proceeding to terminate the trust;
(E) The power to direct the modification of the terms of the trust;
(F) The power to direct the termination of the trust; or
(G) Any substantially similar power;
(3) A beneficiary; or
(4) To the extent that the trust is a charitable trust, the director of charitable trusts.
(c) A settlor of a charitable trust may commence a judicial proceeding to modify the trust under RSA 564-B:4-413, and in that proceeding, the director of charitable trusts shall be a necessary party.
(d) A modification or termination under RSA 564-B:4-410, RSA 564-B:4-411, RSA 564-B:4-412, RSA 564-B:4-413, RSA 564-B:4-415, or RSA 564-B:4-416 shall not violate any of the trust's material purposes.
Source. 2004, 130:1. 2005, 270:9, eff. Sept. 20, 2005. 2015, 272:60, eff. Oct. 1, 2015. 2017, 257:9, eff. Sept. 16, 2017.
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