In re the Omega Trust

Summary

The New Hampshire Supreme Court reversed the circuit court’s dismissal of a petition seeking to validate a purported third amendment to the Omega Trust, holding that the trust’s amendment provision is not exclusive and that email communications can satisfy the clear‑and‑convincing‑evidence requirement under RSA 564‑B:6‑602(c)(2). The court remanded for the trial court to determine the settlor’s intent.