The Modern New Hampshire Directed Trust

New Hampshire’s directed trust statutes provide families with maximum flexibility and control in the creation and ongoing administration of trusts. Unlike traditional trusts, in which the trustee is responsible for all decision making, the New Hampshire directed trust allows the trust’s creator (or “settlor”) to divide the role traditionally held by the trustee among trustees, advisors (such as investment advisors and distribution advisors), and trust protectors. Because a directed trust involves dividing trustee powers among different roles, a directed trust sometimes is called divided trusteeship.

Each role can operate within its specific expertise and have a very carefully defined set of responsibilities and liabilities as permitted by New Hampshire law. For example, the trust’s investment advisor might have specialized working knowledge of a family’s closely-held business or unique assets. A trust protector might be a family member with a strong understanding of the wishes and values of the settlor. In this manner, the settlor can ensure that the most qualified persons are in place to serve the beneficiaries of the trust and protect his or her intentions over time.

SAMPLE NEW HAMPSHIRE DIRECTED TRUST STRUCTURE:

NH Directed Trust Structure

HOW PERSPECTA CAN HELP

A New Hampshire directed trust combines the fiduciary expertise of a corporate trustee like Perspecta Trust with the skills of the settlor’s own investment managers and close family advisors. This combination of acumen provides exceptional management and administration of the trust while maintaining the established relationships the settlor and family already have in place. Taking advantage of New Hampshire’s modern and flexible trust laws allows for creative trust design that provides a high level of certainty concerning the rights duties and powers of all trust parties. Please contact us to see how we can help structure an enduringly flexible New Hampshire directed trust.

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