Thanks to the leadership of the New Hampshire Trust Council, the dedication and foresight of political leaders of both parties, and the support of our trust bar, NH has serially modernized its trust and estate law to become among the most attractive and accommodative jurisdictions in the country for the siting of trusts. Reflecting the ambition and vision of these efforts, NH with the passage of the New Hampshire Foundation Act became the first state in the country to allow the establishment of non-charitable foundations, including the domestication of foreign foundations. Families in civil law countries where the law may be incompatible with some common law trust concepts are now able to transfer the management of their wealth to NH and enjoy the the benefits of our state’s rich and evolving trust law. Our state’s aspirations are global.
Of course, this constant modernization of our trust law requires practitioners to stay up to date by reading the law, attending CLEs, and conferring with colleagues. Todd D. Mayo, a Principal and the General Counsel of Perspecta Trust, has authored New Hampshire Trust Laws: Statutes and Commentary and New Hampshire Foundation Laws: Statutes and Commentary. Todd has been at the forefront of our trust modernization efforts, has a deep knowledge of our law, and is an excellent writer. To my knowledge, these are the only resources of their kind. I have ordered both and will have Mayo in hand at my next hearing.
(Note: Ralph Holmes is currently retired from McLane Middleton. For information on this or other probate litigation issues, please contact Alexandra Cote at alexandra.cote@mclane.com.)