564-B:1-113 Precatory Language. – (a) For purposes of this section, the following definitions apply: (1) 'Letter of wishes' means a record that: (A) Is not a trust instrument; (B) Is created by a settlor; and (C) Contains precatory language. (2) 'Precatory language' means language that: (A) Is not binding on any trustee, trust advisor, or trust protector; (B) Expresses the settlor's wishes regarding the exercise of any discretionary power by a trustee, trust advisor, or trust protector; and (C) Is not inconsistent with the terms of the trust. (b) In exercising a discretionary power, a trustee, trust advisor, or trust protector may consider precatory language contained in the trust instrument or a letter of wishes. (c) Precatory language does not impose any duty on any trustee, trust advisor, or trust protector, and the fact that a trustee, trust advisor, or trust protector does not exercise a discretionary power in accordance with precatory language shall not create an inference that the trustee, trust advisor, or trust protector improperly exercised the power. (d) In determining whether a trustee, trust advisor, or trust protector exercised a discretionary power in a manner that the trustee, trust advisor, or trust protector improperly exercised the power. (d) In determining whether a trustee, trust advisor, or trust protector exercised a discretionary power in a manner that is consistent with the settlor's intent, a court may consider precatory language contained in the trust instrument or a letter of wishes. A court may consider precatory language contained in a letter of wishes regardless of whether the trust instrument is ambiguous. (e) Except as provided under the terms of the trust or by court order, a trustee, trust advisor, or trust protector shall not have any duty to provide any beneficiary a copy of a letter of wishes. Source. 2019, 230:1, eff. Sept. 10, 2019.
New Hampshire Legal Code