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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:9-905 - Reviewing Compliance.
Universal Citation: NH Rev Stat § 564-B:9-905 (2018)
564-B:9-905 Reviewing Compliance. –
(a) Compliance with the prudent investor rule is determined:
(1) in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight; and
(2) by the trustee's conduct and not by the return realized from the investment and management of the trust assets.
(b) A trustee's failure to realize a return that equals or exceeds any financial index is not evidence of a trustee's failure to comply with the prudent investor rule.
(a) Compliance with the prudent investor rule is determined:
(1) in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight; and
(2) by the trustee's conduct and not by the return realized from the investment and management of the trust assets.
(b) A trustee's failure to realize a return that equals or exceeds any financial index is not evidence of a trustee's failure to comply with the prudent investor rule.
Source. 2004, 130:1, eff. Oct. 1, 2004. 2014, 195:28, eff. July 1, 2014.
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