As a part of its comprehensive wealth management services, Cambridge Trust works with clients who wish to take advantage of New Hampshire's robust trust laws and favorable tax climate. The benefits of New Hampshire’s laws are available to both residents and non-residents of New Hampshire.
New Hampshire is one of the leading states in which to administer and manage trusts. New Hampshire's laws enable a settlor (that is, the person who creates a trust) great flexibility in creating a trust that suits his or her particular goals and wishes. In addition, those laws often make New Hampshire an attractive state to move an existing trust. Some of the key aspects of New Hampshire's trust laws include:
- Directed Trusts. New Hampshire law allows for investment and administrative responsibilities to be divided among trustees and third parties. For example, in a directed trust, an investment manager can have the exclusive duty to invest the trust’s assets while the trustee is only responsible for the other aspects of administering the trust.
- Dynasty Trusts. New Hampshire law allows an individual to create a perpetual trust. Thus, an individual may create a multi-generational trust or a trust for a particular purpose and the trust need not terminate within some artificial time frame.
- Wealth Preservation Trusts. New Hampshire law allows for the creation of wealth preservation trusts (also called asset protection trusts), which provide significant protections for trust assets against a settlor’s or beneficiary’s creditors.
- Trust Protectors and Trust Advisors. New Hampshire law recognizes trust protectors and trust advisors who can oversee or advise the trustees or investment managers.
- Decanting. New Hampshire law allows decanting, a process by which a trustee creates a new trust and transfers assets from the old trust to the new trust. Most typically, a trustee would exercise the power to decant for purposes of improving the administrative provisions governing the trust. For example, by today's standards, some older trusts have inflexible, restrictive, or ambiguous provisions governing investments, distributions, or trustee succession, which can make decanting an attractive option.
- Efficient Administration. New Hampshire's laws facilitate the efficient administration of trusts. Through concepts like virtual representation (which allows certain beneficiaries to represent the interest of other beneficiaries), and non-judicial settlement agreements, trustees often can resolve administrative issues—such as the interpretation of ambiguous trust provisions or confirming the scope or propriety of the trustee's actions—without having to seek court involvement.
- State Tax Advantages. New Hampshire does not impose any capital gains or other income tax on trusts in which the beneficiaries are not New Hampshire residents.
To see how New Hampshire's trust laws compare to Delaware and Massachusetts,
click here for our scorecard.
Cambridge Trust Company of New Hampshire, Inc., a New Hampshire non-depository trust company, can help you and your advisors determine whether a New Hampshire trust is right for you. Download our fact sheet for more information. To learn more about your options, contact Susan Martore-Baker at 603-369-5101
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