Social Media

Is there no contest clause in New Hampshire trust law?

Is there no contest clause in New Hampshire trust law?

The trustee is protected from any liability for exercising these powers in good faith. The new law contains similar provisions for executors of wills containing no-contest clauses (RSA 551:22). The new law allows an individual to petition the probate court for an order confirming the validity of his will.

When to use a non grantor trust in New Hampshire?

This is important for clients who wish to create New Hampshire incomplete gift, non-grantor trusts, both for asset protection and state income tax refuge purposes. New Hampshire imposes no tax at all on (and has no tax filing requirement for) non-grantor trusts (RSA 77:10).

Is there attorney client privilege in New Hampshire?

The new law confirms that, if an attorney’s client is an executor, trustee, trust advisor or trust protector of an estate or trust that’s governed by New Hampshire law, the attorney-client privilege applies to communications between the attorney and the fiduciary/client (See RSA 556:31 (wills) and RSA 564-B:2-205 (trusts)).

When did New Hampshire change its trust law?

New Hampshire enacted legislation in 2014 that enhances and makes more accessible its flexible trust laws and provides new opportunities for both New Hampshire residents and out-of-staters seeking income tax refuge and trust customization alternatives.

The trustee is protected from any liability for exercising these powers in good faith. The new law contains similar provisions for executors of wills containing no-contest clauses (RSA 551:22). The new law allows an individual to petition the probate court for an order confirming the validity of his will.

This is important for clients who wish to create New Hampshire incomplete gift, non-grantor trusts, both for asset protection and state income tax refuge purposes. New Hampshire imposes no tax at all on (and has no tax filing requirement for) non-grantor trusts (RSA 77:10).

The new law confirms that, if an attorney’s client is an executor, trustee, trust advisor or trust protector of an estate or trust that’s governed by New Hampshire law, the attorney-client privilege applies to communications between the attorney and the fiduciary/client (See RSA 556:31 (wills) and RSA 564-B:2-205 (trusts)).

Can a testator own real estate in New Hampshire?

Testators who are domiciled in New Hampshire or who own real property in New Hampshire can use this procedure. The procedure must be initiated by the testator himself – it can’t be commenced by someone (for example, a guardian or agent) on the testator’s behalf.