New Hampshire Statutes
§ 564-B:10-1008 — Exculpation of Trustee
New Hampshire § 564-B:10-1008
JurisdictionNew Hampshire
Title LVIPROBATE COURTS AND DECEDENTS' ESTATES
Ch. 564-BNEW HAMPSHIRE TRUST CODE
SubdivisionARTICLE 10LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE
This text of New Hampshire § 564-B:10-1008 (Exculpation of Trustee) is published on Counsel Stack Legal Research, covering New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
N.H. Rev. Stat. Ann. § 564-B:10-1008 (2026).
Text
(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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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 TrustCite This Page — Counsel Stack
Bluebook (online)
New Hampshire § 564-B:10-1008, Counsel Stack Legal Research, https://law.counselstack.com/statute/nh/564-B/564-B%3A10-1008.