SB332 (2006) Detail

Making technical corrections to the uniform trust code and related statutes.


CHAPTER 91

SB 332 – FINAL VERSION

02/02/06 0635s

2006 SESSION

06-2396

08/09

SENATE BILL 332

AN ACT making technical corrections to the uniform trust code and related statutes.

SPONSORS: Sen. Foster, Dist 13; Sen. Gottesman, Dist 12; Rep. Reardon, Merr 11; Rep. Hunt, Ches 7

COMMITTEE: Judiciary

ANALYSIS

This bill makes technical corrections to the uniform trust code and related statutes.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/02/06 0635s

06-2396

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT making technical corrections to the uniform trust code and related statutes.

Be it Enacted by the Senate and House of Representatives in General Court convened:

91:1 Jurisdiction; Trusts; Reference to “Express” Deleted. Amend RSA 498:1 to read as follows:

498:1 Jurisdiction. The superior court shall have the powers of a court of equity in the following cases: charitable uses; trusts other than [express] those trusts [as that term is defined] described in RSA 564-A:1, over which the probate court has exclusive jurisdiction as provided in RSA 547:3, I(c) and (d); fraud, accident and mistake; the affairs of partners, joint tenants or owners and tenants in common; the redemption and foreclosure of mortgages; contribution; waste and nuisance; the specific performance of contracts; discovery; cases in which there is not a plain, adequate and complete remedy at law; and in all other cases cognizable in a court of equity, except that the court of probate shall have exclusive jurisdiction over equitable matters arising under its subject matter jurisdiction authority in RSA 547, RSA 547-C and RSA 552:7.

91:2 Trusts; Jurisdiction; Clarification. Amend RSA 547:3, I(c) and (d) to read as follows:

(c) The interpretation and construction of wills and the interpretation, construction, modification, and termination of those trusts [as that term is defined] described in RSA 564-A:1, I.

(d) The administration of those trusts described in RSA 564-A:1, I, and the appointment, removal[,] and surcharge [and administration] of trustees of such trusts [as that term is defined in RSA 564-A:1, I].

91:3 Jurisdiction; Trusts; Reference to “Express” Deleted. Amend RSA 547:3, II(a) to read as follows:

(a) Cases involving charitable uses and trusts[,] other than [express] those trusts[, as that term is defined] described in RSA 564-A:1, I, over which the probate court has exclusive jurisdiction as provided in RSA 547:3, I(c) and (d).

91:4 Equity Jurisdiction; Trusts; Reference to “Express” Deleted. Amend RSA 547:3-b to read as follows:

547:3-b Equity Jurisdiction. The probate court shall have the powers of a court of equity in cases in which there is not a plain, adequate and complete remedy at law involving partition, guardianships, conservatorships and the probate of an estate and in all other like cases cognizable in a court of equity arising under RSA 547, RSA 547-C and RSA 552:7. The probate court shall have concurrent jurisdiction with the superior court in cases involving charitable uses and trusts other than [express] those trusts [as that term is defined] described in RSA 564-A:1, I, over which the probate court has exclusive jurisdiction as provided in RSA 547:3, I(c) and (d). The court may hear and determine such cases according to the course of equity, and may grant writs of injunction whenever the same are necessary to prevent fraud or injustice.

91:5 Uniform Trust Code; Subject-Matter Jurisdiction. Amend RSA 564-B:2-203 to read as follows:

564-B:2-203 Subject-Matter Jurisdiction.

(a) Except as provided in subsection (b) of this section, the probate court shall have exclusive jurisdiction of the interpretation, construction, modification, [and] termination, and administration of [a trust] those trusts described in RSA 564-A:1, I, and over the appointment, removal, and surcharge [and administration] of [a trust as defined in RSA 564-A:1, I] trustees of such trusts.

(b) The probate court has concurrent jurisdiction with the superior court of proceedings involving charitable uses and trusts other than [express] those trusts[, as] described in RSA 564-A:1, I.

91:6 Effective Date. This act shall take effect upon its passage.

Approved: May 5, 2006

Effective: May 5, 2006