New Hampshire Statutes
§ 564-B:9-905 — Reviewing Compliance
New Hampshire·Title LVI PROBATE COURTS AND DECEDENTS' ESTATES·Ch. 564-B NEW HAMPSHIRE TRUST CODE·Subdivision ARTICLE 9UNIFORM PRUDENT INVESTOR ACT
(a)Compliance with the prudent investor rule is determined:
(1)in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight; and
(2)by the trustee's conduct and not by the return realized from the investment and management of the trust assets.
(b)A trustee's failure to realize a return that equals or exceeds any financial index is not evidence of a trustee's failure to comply with the prudent investor rule.
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Legislative History
2004, 130:1, eff. Oct. 1, 2004. 2014, 195:28, eff. July 1, 2014.
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