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SB 52 · 2025 · Senate · Commerce Committee

Trust default provision changes

AI-generated

relative to default provisions in New Hampshire trusts.

Prevents a trust beneficiary from removing a trustee and replacing them with a relative or subordinate, expands who may serve as trustee, and repeals certain limitations on trustees who are also beneficiaries.AI-generated

Status

Signed into law · July 22, 2025
  1. ✓Introduced
  2. ✓Senate
  3. ✓House
  4. ✓Governor
  5. ✓Law

Analysis

This bill: I. Prevents a beneficiary of a trust from removing a trustee or fiduciary and replacing them with a relative or subordinate. II. Expands the scope of whom may be considered a trustee under RSA 564-B:8-814. III. Repeals limitations imposed on certain trustees who are also beneficiaries.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill as enacted. Passages chosen from the operative text.Computed by this site

“A beneficiary of a trust acting in any capacity may not remove a fiduciary and replace such fiduciary with a fiduciary who is related or subordinate to the beneficiary within the meaning of section 672(c) of the Internal Revenue Code unless:”
Section 219:1
“RSA 564-B:8-818, relative to limitations on certain trustees who are beneficiaries, is repealed.”
Section 219:3
“The fiduciary’s discretionary power may not be exercised to satisfy any of the beneficiary’s legal obligations for support or other purposes; and (C) The fiduciary’s discretionary power may not be exercised to grant to the beneficiary a general power to appoint property of the trust to the beneficiary, the beneficiary’s estate, or the creditors thereof within the meaning of section 2041 of the Internal Revenue Code;”
Section 219:1
“Subparagraph (3) shall not apply if the appointment of the fiduciary by the beneficiary may be made only in conjunction with another person having substantial interest in the property of the trust subject to the power which is adverse to the exercise of the power in favor of the beneficiary within the meaning of section 2041(b)(1)(C)(ii) of the Internal Revenue Code.”
Section 219:1

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Sen. Daniel InnisRPrimeChair· Commerce
  • Rep. John HuntRChair· Commerce and Consumer Affairs
  • Rep. Bob LynnRChair· Judiciary

Public testimony

1 signed in online

100% support0% oppose0% neutral

Read the testimony · as of Aug 12, 2026

Votes

yeanay
Starting text: Bill as introduced
  • Jan 30, 2025SenateCommittee report: Ought to Pass5–0
    Overall
    100% yea
  • Jan 30, 2025SenateVoice voteOught to Passadopted
  • May 27, 2025HouseCommittee report· consent calendar: Ought to Pass16–0
    Overall
    100% yea
  • Jun 5, 2025HouseVoice voteOught to Passadopted
  • Jun 26, 2025SenateVoice voteEnrolledadopted

Hearings and debates

  • Jan 23, 2025Public hearingSenate Commerce32:43–35:463m 3slocated in the stream transcriptHearing
  • Apr 22, 2025Public hearingHouse Commerce and Consumer Affairs1:03:42–1:07:023m 20slocated in the stream transcriptPublic Hearing
  • May 6, 2025Public hearingHouse Commerce and Consumer Affairs57:14–58:221m 8slocated in the stream transcriptSubcommittee Work Session
  • May 27, 2025Public hearingHouse Commerce and Consumer AffairsWatchnot located in the transcript — opens the full streamCommittee Report: Ought to Pass; Executive Session
  • Jun 5, 2025Floor debateHouse floorWatchnot located in the transcript — opens the full streamOught to Pass — adopted, voice vote
  • Jun 26, 2025Floor debateSenate floorWatchnot located in the transcript — opens the full streamEnrolled Adopted — voice vote

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Legislative history

  1. Jan 9, 2025SenIntroduced 01/09/2025 and Referred to Commerce; SJ 3
  2. Jan 23, 2025SenHearing: 01/23/2025, Room 100, SH, 09:50 am; SC 7
  3. Jan 30, 2025Sen: Ought to Pass, 01/30/2025; Vote 5-0; CC; SC 7A
  4. Jan 30, 2025SenOught to Pass: MA, VV; OT3rdg; 01/30/2025; SJ 4
  5. Mar 27, 2025HouseIntroduced (in recess of) 03/27/2025 and referred to Commerce and Consumer Affairs HJ 11 P. 110
  6. Apr 22, 2025HousePublic Hearing: 04/22/2025 01:45 pm LOB 302-304
  7. May 6, 2025HouseSubcommittee Work Session: 05/06/2025 10:00 am LOB 302-304
  8. May 27, 2025HouseExecutive Session: 05/27/2025 01:15 pm LOB 302-304
  9. May 27, 2025House: Ought to Pass 05/27/2025 (Vote 16-0; CC) HC 27 P. 6
  10. Jun 5, 2025HouseOught to Pass: MA VV 06/05/2025 HJ 16 P. 3
  11. Jun 26, 2025HouseEnrolled (in recess of) 06/26/2025 HJ 18 P. 59
  12. Jun 26, 2025SenEnrolled Adopted, VV, (In recess 06/26/2025); SJ 18
  13. Jul 15, 2025SenSigned by the Governor on 07/15/2025; Chapter 0219; Effective 09/13/2025

Coverage

No reporting linked yet.

Documents (PDF)

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.