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NEW HAMPSHIRE STATUTES AND CODES

Section 564-B:5-506 Overdue Distribution.


      (a) In this section, ""mandatory distribution'' means a distribution of income or principal that the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. The term excludes a distribution subject to the exercise of the trustee's discretion regardless of whether the terms of the trust (i) include a support or other standard to guide the trustee in making distribution decisions or (ii) provide that the trustee ""may'' or ""shall'' make discretionary distributions, including distributions pursuant to a support or other standard.
      (b) Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date.

Source. 2004, 130:1. 2005, 270:16, eff. Sept. 20, 2005.

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