PROBATE COURTS AND DECEDENTS' ESTATES
NEW HAMPSHIRE TRUST CODE
UNIFORM PRUDENT INVESTOR ACT
564-B:9-905 Reviewing Compliance.
(a) Compliance with the prudent investor rule is determined:
(1) in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight; and
(2) by the trustee's conduct and not by the return realized from the investment and management of the trust assets.
(b) A trustee's failure to realize a return that equals or exceeds any financial index is not evidence of a trustee's failure to comply with the prudent investor rule.
Source. 2004, 130:1, eff. Oct. 1, 2004. 2014, 195:28, eff. July 1, 2014.