New Hampshire Statutes
§ 564-B:10-1008 — Exculpation of Trustee
New Hampshire·Title LVI PROBATE COURTS AND DECEDENTS' ESTATES·Ch. 564-B NEW HAMPSHIRE TRUST CODE·Subdivision ARTICLE 10LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE
(a)A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:
(1)relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or
(2)was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.
(b)An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.
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New Hampshire § 564-B:10-1008 (Exculpation of Trustee) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
2004, 130:1, eff. Oct. 1, 2004.
Nearby Sections
15
§ 564-B:1-101
Short Title§ 564-B:1-102
Scope§ 564-B:1-103
Definitions§ 564-B:1-104
Knowledge§ 564-B:1-105
Default and Mandatory Rules§ 564-B:1-106
Common Law of Trusts; Principles of Equity§ 564-B:1-107
Governing Law§ 564-B:1-108
Principal Place of Administration§ 564-B:1-109
Methods and Waiver of Notice§ 564-B:1-110
Others Treated as Qualified Beneficiaries§ 564-B:1-111
Nonjudicial Settlement Agreements§ 564-B:1-111A
Nonjudicial Dispute Resolution§ 564-B:1-112
Rules of Construction§ 564-B:1-113
Precatory Language§ 564-B:10-1001
Remedies for Breach of Trust