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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:5-501 - Creditor's Claim Against a Beneficiary.
Universal Citation: NH Rev Stat § 564-B:5-501 (2018)
564-B:5-501 Creditor's Claim Against a Beneficiary. –
(a) To the extent that a beneficiary's interest in a trust is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by:
(1) Attachment of present or future distributions to or for the benefit of the beneficiary; or
(2) Subject to RSA 564-B:5-504, any other means.
(b) The court may limit the relief under subsection (a) as is appropriate under the circumstances.
(c) Subject to RSA 564-B:5-504(b) and (c), a creditor or assignee of a beneficiary may not compel the beneficiary to exercise any right or power that, in any fiduciary or nonfiduciary capacity, the beneficiary has under the terms of the trust, including any of the following:
(1) Any power of appointment;
(2) Any power to direct or veto a distribution;
(3) Any power to appoint or remove a trustee, trust advisor, or trust protector; or
(4) Any right to receive reports, notices, or other information concerning the trust and its administration.
(a) To the extent that a beneficiary's interest in a trust is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by:
(1) Attachment of present or future distributions to or for the benefit of the beneficiary; or
(2) Subject to RSA 564-B:5-504, any other means.
(b) The court may limit the relief under subsection (a) as is appropriate under the circumstances.
(c) Subject to RSA 564-B:5-504(b) and (c), a creditor or assignee of a beneficiary may not compel the beneficiary to exercise any right or power that, in any fiduciary or nonfiduciary capacity, the beneficiary has under the terms of the trust, including any of the following:
(1) Any power of appointment;
(2) Any power to direct or veto a distribution;
(3) Any power to appoint or remove a trustee, trust advisor, or trust protector; or
(4) Any right to receive reports, notices, or other information concerning the trust and its administration.
Source. 2004, 130:1. 2005, 270:12, eff. Sept. 20, 2005. 2017, 257:17, eff. Sept. 16, 2017.
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