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New Hampshire · Through 2025 regular legislative session, or December 2025

RSA 564-B:10-1016: Powers of Appointment.

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Where this section sits in the code
  1. Title LVI: PROBATE COURTS AND DECEDENTS' ESTATES
  2. Chapter ARTICLE 10: LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE

(a) A power of appointment is exercised only:

(1) If the instrument exercising the power is valid under applicable law;

(2) If the terms of the instrument exercising the power:

(A) Manifest the powerholder's intent to exercise the power; and

(B) Subject to subsection (b), satisfy any requirements that the terms of the trust may impose on the exercise of the power; and

(3) To the extent that the appointment is a permissible exercise of the power.

(b) A powerholder's substantial compliance with a formal requirement of appointment imposed by the terms of the trust, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if:

(1) The powerholder knows of and intends to exercise the power;

(2) The terms of the trust do not require strict compliance with the formal requirement of appointment imposed by the settlor; and

(3) The powerholder's manner of attempted exercise of the power does not impair a material purpose of the trust.

Collected 2026-09-05T17:07:35Z. Source file · JSON

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