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Committee passes Uniform Avoidable Transactions Act update to modernize New Hampshire trust law
Summary
The committee advanced HB 11‑27, a Uniform Avoidable Transactions Act update that clarifies governing law and standards of proof for avoidable/voidable transfers; sponsor and Uniform Law Commission representative said negotiated amendments preserve New Hampshire’s trust law public policy.
The House Commerce Committee moved HB 11‑27 forward after a hearing in which sponsors and legal experts described the bill as an update to avoidable transfer law that aligns New Hampshire with a modern uniform act while accommodating state trust policy.
Representative Lynn, the sponsor, said the bipartisan bill updates existing law to reflect recent uniform commission work and to keep New Hampshire competitive for trust law services. Charles Mooney, New Hampshire’s representative to the Uniform Law Commission and a retired law professor, explained the proposal substitutes clarity on governing law (favoring the debtor’s location in some contexts) and sets civil standards of proof under the updated act. Mooney also described negotiated language that preserves New Hampshire‑specific public policy on spendthrift or asset‑protection trusts by setting a different standard of proof for transfers involving qualified New Hampshire trusts.
Mooney framed the act as an incremental modernization while allowing the state to protect recognized trust‑law policy choices: in certain cases involving qualified New Hampshire trusts, the governing law and burden of proof provisions would be tailored to protect the state’s existing legal stance. Committee members did not record substantive opposition in the hearing; the transcript shows committee consent to move the bill forward in executive session.
