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RSA 564-B:4-411 · Modification or Termination of Noncharitable Irrevocable Trust by Consent

Title
LVI: PROBATE COURTS AND DECEDENTS' ESTATES
Chapter
564-B · NEW HAMPSHIRE TRUST CODE
Status
current
Official source linked
Yes
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564-B:4-411 Modification or Termination of Noncharitable Irrevocable Trust by Consent. –

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(a)

A noncharitable irrevocable trust may be terminated upon consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A noncharitable irrevocable trust may be modified upon consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.

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(b)

Upon termination of a trust under subsection (a), the trustee shall distribute the trust property as agreed by the beneficiaries.

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(c)

If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection (a), the modification or termination may be approved by the court if the court is satisfied that:

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(1)

if all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and

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(2)

the interests of a beneficiary who does not consent will be adequately protected. Source. 2004, 130:1. 2005, 270:10, eff. Sept. 20, 2005.

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Source note

Source. 2004, 130:1. 2005, 270:10, eff. Sept. 20, 2005.

Source history

  • 2004, 130:1
  • 2005, 270:10, eff. Sept. 20, 2005

Related materials

Bill relationships

  • 2025 HB88 amend

    housand Twenty Five AN ACT establishing community property trusts. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Article; Article 13 Community Property Trusts. Amend RSA 564-B by inserting after article 12 the following new article: Article 13 Community Property Trusts 564-B:13-1301 Short Title. This article shall be known as the "New Hampshire Community Property Trust Act of 2026."