Section 564-B:1-105 Default and Mandatory Rules. - New Hampshire Statutes

      (a) Except as otherwise provided in the terms of the trust, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.
      (b) The terms of a trust prevail over any provision of this chapter except:
         (1) the requirements for creating a trust;
         (2) the duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries;
         (3) the requirement that a trust and its terms be for the benefit of its beneficiaries, and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve;
         (4) the power of the court to modify or terminate a trust under RSA 564-B:4-410 through RSA 564-B:4-416;
         (5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in article 5;
         (6) the power of the court under RSA 564-B:7-702 to require, dispense with, or modify or terminate a bond;
         (7) the power of the court under RSA 564-B:7-708(b) to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high;
         (8) the effect of an exculpatory term under RSA 564-B:10-1008;
         (9) the rights under RSA 564-B:10-1010 through RSA 564-B:10-1013 of a person other than a trustee or beneficiary;
         (10) statutory periods of limitation for commencing a judicial proceeding;
         (11) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and
         (12) the subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in RSA 564-B:2-203 and RSA 564-B:2-204.

Source. 2004, 130:1. 2005, 270:3, 4. 2006, 320:49, eff. Aug. 19, 2006.