{"data":{"id":"us-nh/rsa-564-f-14-1404","jurisdiction":"us-nh","citation":"RSA 564-F:14-1404","heading":"Enforcement of No-Contest Provision.","body":"(a) For the purposes of this section, a \"no-contest provision\" means a provision of the governing documents that, if given effect, would reduce or eliminate a beneficiary's interest because the beneficiary directly or indirectly initiates or otherwise pursues:\n(1) Any judicial proceeding against the foundation or any of the foundation officials, including any judicial proceeding:\n(A) Contesting the validity of the foundation's formation;\n(B) Contesting the validity of a contribution by a founder to the foundation;\n(C) Contesting the validity of the foundation's governing documents;\n(D) Seeking to set aside any provision of the governing documents;\n(E) Seeking to void any action by the foundation officials; or\n(F) Seeking to dissolve the foundation; or\n(2) Any act that frustrates or defeats the founder's intent as expressed in the terms of the governing documents.\n(b) Subject to subsections (c) and (d), a no-contest provision shall be enforceable in accordance with its express terms regardless of whether:\n(1) The beneficiary acted in good faith or with probable cause; or\n(2) The enforcement of the no-contest provision would result in a partial or complete forfeiture of the beneficiary's interest.\n(c) A no-contest provision shall be unenforceable to the extent that:\n(1) The court dissolves the foundation under RSA 564-F:20-2013(a); or\n(2) A judicial proceeding only involved a claim against a foundation official for a breach of duty, and the foundation official committed a breach of duty.\n(d) A no-contest provision shall be unenforceable to the extent that a beneficiary initiates, maintains, or cooperates in:\n(1) Any judicial proceeding initiated by a foundation official;\n(2) Any nonjudicial settlement agreement or other agreement among the beneficiaries and any other interested persons in settlement of a dispute or resolution of any other matter relating to the foundation;\n(3) Any judicial proceeding for the interpretation or construction of a provision of the governing instrument, including the interpretation or construction of the no-contest provision with respect to any proposed or pending petition or motion; or\n(4) To the extent that the foundation is a charitable trust, any judicial proceeding brought by the director of charitable trusts for the interpretation or construction of the foundation's governing documents.","path":["Title LVI: PROBATE COURTS AND DECEDENTS' ESTATES","Chapter ARTICLE 14: Beneficiaries"],"source_url":"https://gc.nh.gov/rsa/html/LVI/564-F/564-F-14-1404.htm","current_through":"2025 regular legislative session, or December 2025","vintage":"","retrieved_at":"2026-09-05T17:08:19Z","sha256":"1898fe711e238e5732bd94771e5b0c8455c4be3e8087622af22df5dda9e77e38","source_id":"us-nh","stale":false,"prev":"us-nh/rsa-564-f-14-1403","next":"us-nh/rsa-564-f-15-1501"},"notice":"GroundRules: Original legal text. Not legal advice."}