REVOCABLE LIVING TRUST AGREEMENT

(New Hampshire)

[// GUIDANCE: This template is drafted under the New Hampshire Uniform Trust Code, RSA 564-B, and is intended for adaptation by licensed counsel. All bracketed items must be customized before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Creation of Trust; Funding; Revocability
4. Rights, Duties, and Powers of Trustee
5. Beneficiaries; Distributions
6. Successor Trustee Provisions
7. Trustee Compensation; Accounting
8. Indemnification; Limitation of Liability
9. Default; Removal & Remedies
10. Risk Allocation
11. Dispute Resolution
12. General Provisions
13. Execution Block
14. Schedule A – Initial Trust Property
15. Schedule B – Certificate of Trust (Short Form)

1. DOCUMENT HEADER

REVOCABLE LIVING TRUST AGREEMENT (the “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [SETTLOR NAME], of [ADDRESS] (“Settlor” also referred to as “Grantor”); and
• [TRUSTEE NAME], of [ADDRESS] (“Trustee”).

Recitals
A. Settlor desires to create a revocable trust under RSA 564-B:6-602 and succeeding sections for efficient management and disposition of assets.
B. Trustee is willing to hold and administer the Trust Property subject to the terms herein.
C. The Parties intend this Agreement to be governed exclusively by the laws of the State of New Hampshire and administered through the [NAME OF COUNTY] Probate Court unless otherwise required by RSA 547.

NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Settlor and Trustee agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below. Capitalized terms used but not defined have the meanings given in RSA 564-B.

“Accounting Period” – Each 12-month period ending on [MONTH DAY] unless Trustee selects a different period by written notice to Beneficiaries.
“Affiliate” – Any Person controlling, controlled by, or under common control with another Person.
“Beneficiary” – Any Person identified in Section 5 entitled to present or future distributions.
“Code” – The Internal Revenue Code of 1986, as amended.
“Disability” – Settlor’s inability to manage his or her property as certified by two licensed physicians or as adjudicated by a court of competent jurisdiction.
“Person” – An individual, corporation, partnership, limited liability company, trust, estate, or other legal entity.
“Trust Assets” or “Trust Property” – All property transferred to or acquired by the Trust, as more particularly described on Schedule A, together with all substitutions, additions, and accretions.
“UTC” – The New Hampshire Uniform Trust Code, RSA 564-B, as amended.

3. CREATION OF TRUST; FUNDING; REVOCABILITY

3.1 Establishment. Pursuant to RSA 564-B:4-401, Settlor hereby creates the “[SETTLOR NAME] Revocable Living Trust” (the “Trust”) and transfers to Trustee the property described in Schedule A, receipt of which Trustee acknowledges.

3.2 Additional Transfers. Settlor or any other Person, with Trustee’s consent, may transfer additional property to the Trust at any time by assignment, deed, beneficiary designation, or other legal instrument in accordance with RSA 564-B:5-501. [// GUIDANCE: Use a separate Assignment or TOD designation for each asset class.]

3.3 Revocation & Amendment. During Settlor’s lifetime and while not under Disability, Settlor may revoke or amend this Trust in whole or in part by a signed writing delivered to Trustee, consistent with RSA 564-B:6-602. Any partial revocation shall not affect the remainder of the Trust.

3.4 Funding Upon Death. Any probate-avoidance designations (e.g., POD, TOD, beneficiary designations) naming the Trustee shall be incorporated into Trust Property upon Settlor’s death without further act.

4. RIGHTS, DUTIES, AND POWERS OF TRUSTEE

4.1 Fiduciary Standard. Trustee shall administer the Trust in good faith and in accordance with its terms and RSA 564-B:8-801 through 8-814.

4.2 Powers. In addition to statutory powers, Trustee may, without court order, exercise all powers customarily held by a trustee, including but not limited to:
a. Invest and reinvest under the prudent investor rule (RSA 564-B:9-901 et seq.);
b. Sell or exchange Trust Assets for cash or on credit;
c. Participate in partnerships, LLCs, or corporations;
d. Borrow money and secure obligations with Trust Assets;
e. Employ and compensate professionals;
f. Make distributions in cash or in kind and allocate income and principal.

4.3 Delegation. Trustee may delegate investment and management functions in accordance with RSA 564-B:8-807, provided Trustee exercises reasonable care in selecting and monitoring agents.

4.4 Co-Trustees. If more than one Trustee serves, decisions shall be by majority unless otherwise provided; any dissenting Trustee shall promptly notify the Beneficiaries of dissent.

5. BENEFICIARIES; DISTRIBUTIONS

5.1 Lifetime Distributions. During Settlor’s life, Trustee shall distribute to Settlor such amounts of income or principal as Settlor may request. In the event of Settlor’s Disability, Trustee may distribute for Settlor’s health, support, maintenance, and comfort.

5.2 Post-Death Distribution Scheme. Upon Settlor’s death, Trustee shall:
a. Pay enforceable debts, expenses of administration, and taxes;
b. Thereafter distribute the residue per the following sub-sections:

5.2.1 Specific Gifts. Distribute the following assets free of trust:
• [DESCRIPTION] to [BENEFICIARY];
• [DESCRIPTION] to [BENEFICIARY].

5.2.2 Family Trust / Marital Trust Options.
[// GUIDANCE: Insert marital deduction planning or credit shelter provisions if estate tax exposure is anticipated.]

5.2.3 Remainder. Distribute the remaining Trust Property outright and free of trust to [BENEFICIARY NAMES AND SHARES].

5.3 Spendthrift Provision. Pursuant to RSA 564-B:5-502, the interest of any Beneficiary shall not be transferable, assignable, or subject to claims of creditors until distributed.

6. SUCCESSOR TRUSTEE PROVISIONS

6.1 Successor Appointment. If the initial Trustee resigns, is removed, or is unable to serve, the following successor hierarchy applies without court approval:
a. [FIRST SUCCESSOR TRUSTEE NAME];
b. [SECOND SUCCESSOR TRUSTEE NAME];
c. A corporate fiduciary authorized to do trust business in NH, selected by majority of the adult Beneficiaries.

6.2 Acceptance. A Successor Trustee shall accept the trusteeship by executing a written instrument and delivering notice to the Settlor (if living) and all current Beneficiaries, per RSA 564-B:7-701.

6.3 Resignation. Any Trustee may resign by giving 30-days’ written notice to Settlor (if living) and all qualified Beneficiaries in accordance with RSA 564-B:7-705.

6.4 Removal. A Trustee may be removed by:
• Court order under RSA 564-B:7-706; or
• Unanimous agreement of the Settlor (if living) and all adult Beneficiaries.

6.5 Trustee Transition. A resigning or removed Trustee shall promptly deliver all Trust Property and records to the Successor Trustee and provide a final accounting within 60 days.

7. TRUSTEE COMPENSATION; ACCOUNTING

7.1 Compensation. Trustee is entitled to reasonable compensation commensurate with the services rendered and may reimburse itself for properly incurred expenses.

7.2 Accounting. Trustee shall provide an annual trust accounting to all current Beneficiaries within 90 days after the close of each Accounting Period, consistent with RSA 564-B:8-813.

8. INDEMNIFICATION; LIMITATION OF LIABILITY

8.1 Indemnification. Except for acts involving bad faith, intentional misconduct, or gross negligence, the Trust shall indemnify Trustee against all claims, liabilities, and expenses, including reasonable attorneys’ fees, arising out of the administration of the Trust (“Trustee Indemnity”).

8.2 Liability Cap. Any liability of Trustee to the Beneficiaries shall be limited exclusively to the Trust Assets; no personal liability shall accrue to Trustee.

9. DEFAULT; REMOVAL & REMEDIES

9.1 Events of Default. The following constitute an Event of Default:
a. Material breach of fiduciary duty;
b. Conversion or commingling of Trust Property;
c. Persistent failure to provide required accountings;
d. Insolvency or conviction of Trustee for a felony involving dishonesty.

9.2 Notice & Cure. Any Beneficiary may deliver written notice specifying the default. Trustee shall have 30 days to cure, except in cases of theft or misappropriation, which are incurable.

9.3 Remedies. Upon an uncured Event of Default, Beneficiaries may:
• Petition the Probate Court for removal;
• Seek surcharge and restitution;
• Obtain injunctive relief to prevent dissipation of Trust Assets.

10. RISK ALLOCATION

10.1 Insurance. Trustee shall maintain appropriate liability and property insurance for Trust Assets where commercially reasonable.

10.2 Force Majeure. Trustee shall not be liable for failure to perform duties occasioned by acts of God, war, pandemic, or other event beyond Trustee’s reasonable control; provided Trustee takes reasonable steps to mitigate.

11. DISPUTE RESOLUTION

11.1 Governing Law. This Agreement and all rights hereunder shall be governed by and construed in accordance with the laws of the State of New Hampshire (state_trust_law).

11.2 Forum Selection. The Probate Court of [NAME OF COUNTY], New Hampshire (state_probate_court), shall have exclusive jurisdiction over all proceedings relating to the Trust, except as otherwise provided in Section 11.3.

11.3 Optional Arbitration. By unanimous written consent of all current Beneficiaries and Trustee, any dispute otherwise within probate jurisdiction may be submitted to binding arbitration under the NH Uniform Arbitration Act, RSA 542-A.
a. Venue: [CITY, NH];
b. Rules: American Arbitration Association Trust & Estate Rules;
c. Injunctive Relief: Parties may seek provisional equitable relief from the Probate Court to preserve Trust Assets.

11.4 Jury Waiver. Pursuant to the metadata “no_jury_probate,” the Parties acknowledge that probate matters are non-jury; accordingly, no jury trial right is herein conferred or waived.

12. GENERAL PROVISIONS

12.1 Amendment & Waiver. Except as otherwise provided, this Agreement may be amended only by a written instrument executed by Settlor (while living and competent) and delivered to Trustee. No waiver of any provision shall be deemed a waiver of any other provision.

12.2 Assignment. Beneficiaries may not assign their interests prior to distribution. Trustee may not assign the trusteeship except as expressly provided in Section 6.

12.3 Successors & Assigns. This Agreement shall be binding upon and inure to the benefit of all permitted successors, assigns, and personal representatives.

12.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the court shall reform the Agreement to carry out Settlor’s intent.

12.5 Integration. This Agreement, together with Schedules A and B, constitutes the entire understanding regarding the subject matter and supersedes all prior agreements.

12.6 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which is deemed an original, and delivered by electronic means under RSA 294-E (Uniform Electronic Transactions Act).

13. EXECUTION BLOCK

IN WITNESS WHEREOF, Settlor and Trustee have executed this Revocable Living Trust Agreement as of the date first above written.

NOTARY ACKNOWLEDGMENT

State of New Hampshire
County of [______], ss.

On this ___ day of ____, 20__, before me appeared [SETTLOR NAME] and [TRUSTEE NAME], known to me or satisfactorily proven to be the persons whose names are subscribed to this instrument, and they acknowledged executing the same for the purposes herein contained.

Notary Public
My Commission Expires: ____

[// GUIDANCE: NH does not mandate witness signatures for trusts, but practitioners commonly use two witnesses to bolster validity, especially where pour-over wills reference the trust.]

14. SCHEDULE A – INITIAL TRUST PROPERTY

1. Cash: $[AMOUNT] deposited to [FINANCIAL INSTITUTION] account no. [_____] titled in the name of the Trust.
2. Real Property: [LEGAL DESCRIPTION], recorded at Book [], Page [], [COUNTY] Registry of Deeds, conveyed by deed dated [DATE].
3. Brokerage Account: [ACCOUNT NO.], [BROKERAGE FIRM], retitled to “[TRUST NAME], [TRUSTEE NAME], Trustee.”
4. [ADDITIONAL ASSETS].

15. SCHEDULE B – CERTIFICATE OF TRUST (Short Form)

[// GUIDANCE: Provide to third parties in lieu of full trust; includes essential data per RSA 564-B:10-1013.]

1. Name of Trust: “[TRUST NAME].”
2. Date of Trust: [EFFECTIVE DATE].
3. Settlor: [SETTLOR NAME].
4. Current Trustee: [TRUSTEE NAME], address [______].
5. Powers: Trustee possesses all statutory powers under RSA 564-B.
6. Revocability: Trust is revocable by Settlor.
7. Signatures: ___ (Trustee)
   Notarized _

[// GUIDANCE: Review Title 56 RSA 564-B for any statutory notice requirements relating to real property transfers, and ensure any deeds into the Trust comply with NH recording standards (acknowledgement, title reference, tax stamps).]