New Hampshire Revised Statutes 564-B:4-402 – Requirements for Creation
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(a) A trust is created only if:
(1) the settlor has capacity to create a trust;
(2) the settlor indicates an intention to create the trust;
(3) the trust has a definite beneficiary or is:
(A) a charitable trust;
(B) a trust for the care of an animal, as provided in N.H. Rev. Stat. § 564-B:4-408; or
(C) a trust for a noncharitable purpose, as provided in N.H. Rev. Stat. § 564-B:4-409;
(4) the trustee has duties to perform; and
(5) the same person is not the sole trustee, the sole current beneficiary and the sole remainder beneficiary.
(b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.
(c) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.
(1) the settlor has capacity to create a trust;
Terms Used In New Hampshire Revised Statutes 564-B:4-402
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Trustee: A person or institution holding and administering property in trust.
(2) the settlor indicates an intention to create the trust;
(3) the trust has a definite beneficiary or is:
(A) a charitable trust;
(B) a trust for the care of an animal, as provided in N.H. Rev. Stat. § 564-B:4-408; or
(C) a trust for a noncharitable purpose, as provided in N.H. Rev. Stat. § 564-B:4-409;
(4) the trustee has duties to perform; and
(5) the same person is not the sole trustee, the sole current beneficiary and the sole remainder beneficiary.
(b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.
(c) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.