{"data":{"id":"us-nh/rsa-564-b-1-113","jurisdiction":"us-nh","citation":"RSA 564-B:1-113","heading":"Precatory Language.","body":"(a) For purposes of this section, the following definitions apply:\n(1) \"Letter of wishes\" means a record that:\n(A) Is not a trust instrument;\n(B) Is created by a settlor; and\n(C) Contains precatory language.\n(2) \"Precatory language\" means language that:\n(A) Is not binding on any trustee, trust advisor, or trust protector;\n(B) Expresses the settlor's wishes regarding the exercise of any discretionary power by a trustee, trust advisor, or trust protector; and\n(C) Is not inconsistent with the terms of the trust.\n(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.\n(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.\n(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.\n(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.","path":["Title LVI: PROBATE COURTS AND DECEDENTS' ESTATES","Chapter ARTICLE 1: GENERAL PROVISIONS AND DEFINITIONS"],"source_url":"https://gc.nh.gov/rsa/html/LVI/564-B/564-B-1-113.htm","current_through":"2025 regular legislative session, or December 2025","vintage":"","retrieved_at":"2026-09-05T17:07:35Z","sha256":"c2facca6a26ee50b37f2e5239fd572364696509c0c820da545f1b360f83a4ed8","source_id":"us-nh","stale":false,"prev":"us-nh/rsa-564-b-1-112","next":"us-nh/rsa-564-b-2-201"},"notice":"GroundRules: Original legal text. Not legal advice."}