SB311 (2018) Detail

Clarifying rules of construction under the New Hampshire Trust Code.


CHAPTER 120

SB 311 - FINAL VERSION

 

 

2018 SESSION

18-2732

08/01

 

SENATE BILL 311

 

AN ACT clarifying rules of construction under the New Hampshire Trust Code.

 

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Bradley, Dist 3; Rep. Hunt, Ches. 11

 

COMMITTEE: Commerce

 

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ANALYSIS

 

This bill clarifies the rules of construction under the New Hampshire Trust Code.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2732

08/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT clarifying rules of construction under the New Hampshire Trust Code.

 

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

 

120:1  Purpose.  The purpose of this act is to clarify that, when the general court enacted RSA 564-B:1-112, it did not cause RSA 551:10 to apply to trusts.

120:2  New Hampshire Trust Code; Rules of Construction.  Amend RSA 564-B:1-112 to read as follows:

564-B:1-112  Rules of Construction.

(a)  The rules of construction that apply in this state to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.  For the purposes of this section, RSA 551:10 is not a rule of construction.  RSA 551:10 shall not apply to any trust.

(b)  In interpreting or construing the terms of a trust, the settlor's intent shall be sovereign to the extent that the settlor's intent is lawful, not contrary to public policy, and possible to achieve.

(c)  For the purposes of determining the benefit of the beneficiaries, the settlor's intent as expressed in the terms of the trust shall be paramount.

120:3  Effective Date.  This act shall take effect upon its passage.

 

Approved: May 30, 2018

Effective Date: May 30, 2018

Links

SB311 at GenCourtMobile

Action Dates

Date Body Type
Jan. 9, 2018 Senate Hearing
Feb. 15, 2018 Senate Floor Vote
March 28, 2018 House Hearing
April 10, 2018 House Exec Session
House Floor Vote
April 26, 2018 House Floor Vote

Bill Text Revisions

SB311 Revision: 4036 Date: May 31, 2018, 3:19 p.m.
SB311 Revision: 3638 Date: April 27, 2018, 8:20 a.m.
SB311 Revision: 2656 Date: Dec. 8, 2017, 11:54 a.m.

Docket


May 30, 2018: Signed by the Governor on 05/30/2018; Chapter 0120; Effective 05/30/2018


May 3, 2018: Enrolled (In recess 05/03/2018); SJ 17


May 3, 2018: Enrolled 05/03/2018


April 26, 2018: Ought to Pass: MA DV 188-134 04/26/2018


: Minority Committee Report: Inexpedient to Legislate


: Majority Committee Report: Ought to Pass (Vote 11-6; RC)


April 26, 2018: Majority Committee Report: Ought to Pass for 04/26/2018 (Vote 11-6; RC) HC 16 P. 9


April 10, 2018: Executive Session: 04/10/2018 01:15 PM LOB 302


April 3, 2018: Subcommittee Work Session: 04/03/2018 01:15 PM LOB 302


March 28, 2018: Public Hearing: 03/28/2018 10:30 AM LOB 302


March 7, 2018: Introduced 03/07/2018 and referred to Commerce and Consumer Affairs HJ 7 P. 50


Feb. 15, 2018: Ought to Pass: MA, VV; OT3rdg; 02/15/2018; SJ 4


Feb. 15, 2018: Committee Report: Ought to Pass, 02/15/2018; Vote 5-0; CC SC 7


Jan. 9, 2018: Hearing: 01/09/2018, Room 100, SH, 01:00 pm; SC 48


Jan. 3, 2018: To Be Introduced 01/03/2018 and Referred to Commerce; SJ 1