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RSA 564-B:5-506 · Overdue Distribution

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:5-506 Overdue Distribution. –

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(a)

In this section, "mandatory distribution" means a distribution of income or principal that the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. The term excludes a distribution subject to the exercise of the trustee's discretion regardless of whether the terms of the trust (i) include a support or other standard to guide the trustee in making distribution decisions or (ii) provide that the trustee "may" or "shall" make discretionary distributions, including distributions pursuant to a support or other standard.

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(b)

Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date. Source. 2004, 130:1. 2005, 270:16, eff. Sept. 20, 2005.

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Source note

Source. 2004, 130:1. 2005, 270:16, eff. Sept. 20, 2005.

Source history

  • 2004, 130:1
  • 2005, 270:16, 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."