New Hampshire § 564-B:3-302 Representation by Holder of a Power of Appointment

New Hampshire Statutes

§ 564-B:3-302 — Representation by Holder of a Power of Appointment

New Hampshire § 564-B:3-302

Title LVIPROBATE COURTS AND DECEDENTS' ESTATES

Ch. 564-BNEW HAMPSHIRE TRUST CODE

SubdivisionARTICLE 3REPRESENTATION

This text of New Hampshire § 564-B:3-302 (Representation by Holder of a Power of Appointment) 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:3-302 (2026).

Text

(a)To the extent there is no conflict of interest between the holder of a power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power.

(b)Subsection (a) applies to any power of appointment, including:

(1)A power in which the permissible appointees include any one or more of:

(A)The holder of the power;

(B)The holder's creditors;

(C)The holder's estate; and

(D)The creditors of the holder's estate; or

(2)A power of appointment in which the permissible appointees:

(A)Excludes each of the persons described in subsection (b)(1), (b)(2), (b)(3), and (b)(4); and

(B)May excluded any one or more other perso

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(a) To the extent there is no conflict of interest between the holder of a power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power.
(b) Subsection (a) applies to any power of appointment, including:
(1) A power in which the permissible appointees include any one or more of:
(A) The holder of the power;
(B) The holder's creditors;
(C) The holder's estate; and
(D) The creditors of the holder's estate; or
(2) A power of appointment in which the permissible appointees:
(A) Excludes each of the persons described in subsection (b)(1), (b)(2), (b)(3), and (b)(4); and
(B) May excluded any one or more other persons;
(3) A testamentary power of appointment; and
(4) A power of appointment exercisable during the holder's life.