New Hampshire Revised Statutes 564-F:14-1401 – Nature of Beneficial Interests
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(a) Subject to subsection (b), a beneficiary‘s interest is a mere expectancy and is not a property interest or an enforceable right.
(b) A beneficiary’s interest is a property interest to the extent that:
(1) The beneficiary has a currently exercisable power to appoint the foundation’s property to himself, herself, or itself without the consent of any other person; or
(2) The directors have failed to make a distribution to the beneficiary in accordance with a provision of the governing documents requiring the directors to make that distribution.
(c) For the purposes of determining a beneficiary’s interest, the founder’s intent as expressed in the terms of the governing documents shall be paramount.
(b) A beneficiary’s interest is a property interest to the extent that:
Terms Used In New Hampshire Revised Statutes 564-F:14-1401
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
(1) The beneficiary has a currently exercisable power to appoint the foundation’s property to himself, herself, or itself without the consent of any other person; or
(2) The directors have failed to make a distribution to the beneficiary in accordance with a provision of the governing documents requiring the directors to make that distribution.
(c) For the purposes of determining a beneficiary’s interest, the founder’s intent as expressed in the terms of the governing documents shall be paramount.