§ 564-B:1-105 — Default and Mandatory Rules

(a) Except as otherwise provided in the terms of the trust, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.
(b) The terms of a trust prevail over any provision of this chapter except:
(1) the requirements for creating a trust;
(2) the duty of a trustee to act in good faith and in accordance with the terms of the trust, the purposes of the trust, and the interests of the beneficiaries;
(3) the requirement that a trust and the terms of that trust be for the benefit of its beneficiaries as their interests are defined under the terms of the trust, and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve;
(4) the power of the court to modify or terminate a trust under RSA 564-B:4-410 through RSA 564-B:4-416;
(5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in article 5;
(6) the power of the court under RSA 564-B:7-702 to require, dispense with, or modify or terminate a bond;
(7) the power of the court under RSA 564-B:7-708(b) to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high;
(8) the effect of an exculpatory term under RSA 564-B:10-1008;
(9) the rights under RSA 564-B:10-1010 through RSA 564-B:10-1013 of a person other than a trustee or beneficiary;
(10) statutory periods of limitation for commencing a judicial proceeding;
(11) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice;
(12) the subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in RSA 564-B:2-203 and RSA 564-B:2-204;
(13) an interested person's rights under RSA 564-B:1-111A(b);
(14) the extent to which a no-contest provision is unenforceable or inapplicable under RSA 564-B:10-1014;
(15) if, under the terms of the trust, a trust advisor or trust protector is a fiduciary, the duty of the trust advisor or trust protector to act in good faith and in accordance with the terms of the trust, the purposes of the trust, and the interests of the beneficiaries;
(16) to the extent that the trust is a charitable trust, the requirement that a trust advisor or trust protector is a fiduciary, regardless of whether the charitable trust was created before, on, or after the effective date of this paragraph or the trust advisor or trust protector accepted his, her, or its appointment before, on, or after the effective date of this paragraph; and
(17) to the extent that a trust is a charitable trust, the limitations on the trustee's power to decant under RSA 564-B:4-418 and the limitations on the trustee's power of modification under RSA 564-B:4-419.

Legislative History

2004, 130:1. 2005, 270:3, 4. 2006, 320:49, eff. Aug. 19, 2006. 2011, 243:7, eff. Sept. 11, 2011. 2014, 195:9, eff. July 1, 2014. 2017, 257:4, eff. July 18, 2017.