PROBATE COURTS AND DECEDENTS' ESTATES
NEW HAMPSHIRE TRUST CODE
LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE
564-B:10-1015 Beneficiary's Disclaimer of an Interest in a Trust.
(a) In addition to a beneficiary's right to disclaim an interest in a trust under RSA 563-B and any other method for refusing to accept an interest in a trust, a beneficiary may disclaim an interest in a trust, including a trust that contains a spendthrift provision. An interest may be less than the beneficiary's entire interest in the trust. The disclaimer must be made by a written instrument delivered to a trustee.
(b) Unless the trustee has made a distribution to or for the benefit of the beneficiary, a disclaimer under subsection (a) is effective as of the interest's creation and is not a transfer, assignment, or release of the disclaimed interest.
(c) A beneficiary's right to disclaim an interest in a trust does not affect the validity or effect of a spendthrift provision.
Source. 2015, 272:63, eff. Oct. 1, 2015.