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New HampshireSB522025-2026 Regular SessionSenate

SB52

Sponsored By: Daniel E. Innis (Republican)

Became Law

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Limits on beneficiary trustees and replacements

If you are both a beneficiary and a fiduciary, you can benefit yourself only under a clear, objective standard. You cannot use trust distributions to pay your own legal debts or support duties. A beneficiary cannot remove a fiduciary and replace them with a related or subordinate person unless three limits apply: the power is under a clear standard, it cannot pay the beneficiary’s own obligations, and it cannot give the beneficiary a general power to direct trust property to themselves, their estate, or their creditors. An exception applies if another person with a substantial adverse interest must also approve. If some fiduciaries are limited, a majority of the others may act; if all are limited, a court may appoint a special trustee. Some trusts are exempt: certain spousal marital‑deduction trusts, revocable trusts, and minors’ trusts funded with annual‑exclusion gifts. The law also repeals an older statute that limited some beneficiary‑trustees.

New rules for discretionary trust payouts

The law sets how fiduciaries use discretion. Trustees, trust advisors, and trust protectors are treated as fiduciaries under these rules. A fiduciary must act in good faith and follow the trust’s terms and purposes. If a payout depends on a fiduciary’s choice, the beneficiary has only an expectancy and cannot force payment. If no standard guides class distributions, the fiduciary may give unequal shares or all to one person unless the trust says otherwise. A trustee’s powers are subject to these rules.

Sponsors & Cosponsors

Sponsor

  • Daniel E. Innis

    Republican • Senate

Cosponsors

  • Bob J. Lynn

    Republican • House

  • John B. Hunt

    Republican • House

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. Signed by the Governor on 07/15/2025; Chapter 0219; Effective 09/13/2025

    7/22/2025Senate

  2. Enrolled Adopted, VV, (In recess 06/26/2025); SJ 18

    7/2/2025Senate

  3. Enrolled (in recess of) 06/26/2025 HJ 18 P. 59

    7/2/2025House

  4. Ought to Pass: MA VV 06/05/2025 HJ 16 P. 3

    6/5/2025House

  5. Committee Report: Ought to Pass 05/27/2025 (Vote 16-0; CC) HC 27 P. 6

    5/28/2025House

  6. Executive Session: 05/27/2025 01:15 pm LOB 302-304

    5/21/2025House

  7. Subcommittee Work Session: 05/06/2025 10:00 am LOB 302-304

    4/30/2025House

  8. Public Hearing: 04/22/2025 01:45 pm LOB 302-304

    4/16/2025House

  9. Introduced (in recess of) 03/27/2025 and referred to Commerce and Consumer Affairs HJ 11 P. 110

    3/28/2025House

  10. Ought to Pass: MA, VV; OT3rdg; 01/30/2025; SJ 4

    1/30/2025Senate

  11. Committee Report: Ought to Pass, 01/30/2025; Vote 5-0; CC; SC 7A

    1/28/2025Senate

  12. Hearing: 01/23/2025, Room 100, SH, 09:50 am; SC 7

    1/15/2025Senate

  13. Introduced 01/09/2025 and Referred to Commerce; SJ 3

    1/10/2025Senate

Bill Text

  • Enrolled

    7/2/2025

    HTML

  • Introduced

    1/10/2025

    PDF

  • CHAPTERED FINAL VERSION

    PDF

  • Version adopted by both bodies

    PDF

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