New Hampshire § 564-B:4-410 Modification or Termination of Trust;  Proceedings for Approval or Disapproval

New Hampshire Statutes

§ 564-B:4-410 — Modification or Termination of Trust; Proceedings for Approval or Disapproval

New Hampshire·Title LVI PROBATE COURTS AND DECEDENTS' ESTATES·Ch. 564-B NEW HAMPSHIRE TRUST CODE·Subdivision ARTICLE 4CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST

(a)In addition to the methods of termination prescribed by RSA 564-B:4-411 through RSA 564-B:4-414, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become unlawful, contrary to public policy, or impossible to achieve.

(b)Any of the following persons may commence a judicial proceeding to approve or disapprove a proposed modification or termination under RSA 564-B:4-411 through RSA 564-B:4-416, a proposed trust combination under RSA 564-B:4-417(a), or a proposed trust division under RSA 564-B:4-417(b):

(1)A trustee;

(2)A trust advisor or trust protector to the extent that, under the terms of the trust, the trust advisor or trust protector has:

(A)The power to modify

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(a) In addition to the methods of termination prescribed by RSA 564-B:4-411 through RSA 564-B:4-414, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become unlawful, contrary to public policy, or impossible to achieve.
(b) Any of the following persons may commence a judicial proceeding to approve or disapprove a proposed modification or termination under RSA 564-B:4-411 through RSA 564-B:4-416, a proposed trust combination under RSA 564-B:4-417(a), or a proposed trust division under RSA 564-B:4-417(b):
(1) A trustee;
(2) A trust advisor or trust protector to the extent that, under the terms of the trust, the trust advisor or trust protector has:
(A) The power to modify the terms of the trust;
(B) The power to terminate the trust;
(C) The power to commence a judicial proceeding to modify the terms of the trust;
(D) The power to commence a judicial proceeding to terminate the trust;
(E) The power to direct the modification of the terms of the trust;
(F) The power to direct the termination of the trust; or
(G) Any substantially similar power;
(3) A beneficiary; or
(4) To the extent that the trust is a charitable trust, the director of charitable trusts.
(c) A settlor of a charitable trust may commence a judicial proceeding to modify the trust under RSA 564-B:4-413, and in that proceeding, the director of charitable trusts shall be a necessary party.
(d) A modification or termination under RSA 564-B:4-410, RSA 564-B:4-411, RSA 564-B:4-412, RSA 564-B:4-413, RSA 564-B:4-415, or RSA 564-B:4-416 shall not violate any of the trust's material purposes.

New Hampshire § 564-B:4-410 (Modification or Termination of Trust; Proceedings for Approval or Disapproval) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.