New Hampshire § 564-B:4-411 Modification or Termination of Noncharitable Irrevocable Trust by Consent

New Hampshire Statutes

§ 564-B:4-411 — Modification or Termination of Noncharitable Irrevocable Trust by Consent

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)A noncharitable irrevocable trust may be terminated upon consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A noncharitable irrevocable trust may be modified upon consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.

(b)Upon termination of a trust under subsection (a), the trustee shall distribute the trust property as agreed by the beneficiaries.

(c)If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection (a), the modification or termination may be approved by the court if the court is satisfied that:

(1)if all of the beneficiaries had consented, th

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(a) A noncharitable irrevocable trust may be terminated upon consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A noncharitable irrevocable trust may be modified upon consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.
(b) Upon termination of a trust under subsection (a), the trustee shall distribute the trust property as agreed by the beneficiaries.
(c) If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection (a), the modification or termination may be approved by the court if the court is satisfied that:
(1) if all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and
(2) the interests of a beneficiary who does not consent will be adequately protected.

New Hampshire § 564-B:4-411 (Modification or Termination of Noncharitable Irrevocable Trust by Consent) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.