New Hampshire Statutes
§ 564-B:8-808 — Powers to Direct
New Hampshire·Title LVI PROBATE COURTS AND DECEDENTS' ESTATES·Ch. 564-B NEW HAMPSHIRE TRUST CODE·Subdivision ARTICLE 8DUTIES AND POWERS OF TRUSTEE
(a)While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust.
(b)If the terms of a trust, an agreement of the qualified beneficiaries, or a court order, confer upon a person (other than the settlor of a revocable trust) the power to direct certain actions of the trustee, then the trustee shall act in accordance with an exercise of the power.
(c)The terms of a trust may confer upon a trustee or other person a power to direct the modification or termination of the trust.
(d)A person who holds a power to direct is a trust advisor, except to the extent that the person is a beneficiary of the trust and, under such power, the person may direct the trustee to make distributions.
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Legislative History
2004, 130:1. 2006, 320:63, eff. Aug. 19, 2006. 2008, 374:16, eff. Sept. 9, 2008.
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