reglab/housing_qa huggingface dataset:
12 DE Code § 3538. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter III. General Provisions|§ 3538. Testamentary trusts; certification of by Register of Wills to Register in Chancery; record.

§ 3538. Testamentary trusts; certification of by Register of Wills to Register in Chancery; record. (a) When a will that has been probated before the Register of Wills for any of the counties of the State contains a bequest or devise in trust to pay the income arising from any part of the estate of the testator to or for the benefit of a person other than the person named as trustee and the will requires the filing of accounts with 1 of the Registers in Chancery, the Register of Wills before whom the probate is made shall, within 10 days after the closing of the estate, deliver to the Register in Chancery for that county a certificate setting forth the name and last address of the testator, the date of the probate of the testator's will, the name and address of the trustee appointed thereby and the provisions of the will relating to said trust or trusts. This section shall apply only in those instances:  (1) Where the documents closing the estate show a balance in the hands of the personal representative that can be distributed to the trust in order to fund it; and (2) That terms exist, as stated in the will, for the creation of the trust. In those instances where it is clear that no notice of the trust need be given to the Register in Chancery, the Register of Wills shall note on its files that no notice of the trust was given to it and state why. (b) The Register in Chancery for the several counties shall keep a record in which shall be entered the names of the testators, the names and post-office addresses of the trustees, the dates of their appointment or the dates upon which their trusts become operative and the dates on which their accounts are passed and shall file the certificates delivered to them by the Register of Wills among the records of their offices. 25 Del. Laws, c. 226, §  1;  Code 1915, §  3873;  Code 1935, §  4399;  12 Del. C. 1953, §  3538;  70 Del Laws, c. 186,, §  1;  75 Del. Laws, c. 189, §  3;  77 Del. Laws, c. 98, §  17;
12 DE Code § 3539. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter III. General Provisions|§ 3539. Charitable trust; sale of timber on lands; application of proceeds.

§ 3539. Charitable trust; sale of timber on lands; application of proceeds. The Court of Chancery may, when in its judgment the exercise thereof will promote the interests of the charity, direct wood or timber growing on land conveyed or devised for charitable uses to be cut and sold and the proceeds applied to repairs or the purchase of lime or other manures and making other improvements of such real estate. This section shall apply only to cases where the whole interest in the land is the subject of charitable uses. Code 1852, §  1948;  Code 1915, §  3881;  Code 1935, §  4405;  12 Del. C. 1953, §  3539;
12 DE Code § 3540. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter III. General Provisions|§ 3540. Powers and duties of certain trustees.

§ 3540. Powers and duties of certain trustees. All trustees of any trust governed by the laws of this State whose governing instrument or instruments do not expressly provide that this section shall not apply to such trust are required to act or to refrain from acting so as not to subject the trust to the taxes imposed by §§ 4941 (relating to taxes on self-dealing), 4942 (relating to taxes on failure to distribute income), 4943 (relating to taxes on excess business holdings), 4944 (relating to taxes on investments which jeopardize charitable purpose) or 4945 (relating to taxable expenditures) of the Internal Revenue Code of 1954 [26 U.S.C. §§ 4941-4945], or corresponding provisions of any subsequent United States internal revenue law. 12 Del. C. 1953, §  3540;  58 Del. Laws, c. 88.;
12 DE Code § 3541. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter III. General Provisions|§ 3541. Administration of charitable trusts or noncharitable purpose trusts; cy pres rule.

§ 3541. Administration of charitable trusts or noncharitable purpose trusts; cy pres rule. (a) Notwithstanding any other provision of this Code or other law, a trust having any religious, charitable, scientific, literary or educational purpose (collectively, hereinafter referred to as a “charitable purpose”) or a noncharitable purpose shall not be modified to alter or eliminate such purpose except pursuant to § 3342 of this title or pursuant to this section. Subject to subsection (b) of this section, if a particular charitable purpose or noncharitable purpose becomes unlawful under the Constitution of this State or the United States or the trust would otherwise no longer serve any charitable or noncharitable purpose:  (1) The trust does not fail in whole or in part; (2) The trust property does not revert to the trustor or the trustor's successors in interest; and (3) The Court of Chancery shall modify or terminate the trust and direct that the trust property be applied or distributed, in whole or in part, in a manner consistent with the trustor's charitable or noncharitable purposes, whether or not such purposes be specific or general. (b) The power of the Court of Chancery to modify or terminate a charitable or noncharitable purpose trust, as provided in subsection (a) of this section, is in all cases subject to a contrary provision in the terms of the trust instrument, whether such contrary provision directs that the trust property be distributed to a charitable or noncharitable beneficiary. (c) For purposes of this section, a “noncharitable purpose” is a purpose within the meaning of § 3555 or § 3556 of this title. 62 Del. Laws, c. 131, §  1;  70 Del Laws, c. 186,, §  1;  72 Del. Laws, c. 388, §  8;  76 Del. Laws, c. 90, §  6;  76 Del. Laws, c. 254, §  10;  81 Del. Laws, c. 149, § 2;
12 DE Code § 3543. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter III. General Provisions|§ 3543. Distribution of estate or trust assets without creation of trust.

§ 3543. Distribution of estate or trust assets without creation of trust. If the terms of a will or a writing creating a trust, including, but not limited to an inter vivos trust agreement, provide for the establishment of a trust all the assets of which, due to the circumstances existing at the time the trust is to be established, are required to be distributed to the trust's beneficiary or beneficiaries immediately, the executor, trustee, or other party having possession of the property with which such trust will be established, is authorized to make direct distribution to the beneficiary or beneficiaries of the trust, rather than to the trustee, without the necessity of a Court petition. The receipts of such beneficiaries shall protect the executor, trustee, or other party having possession of the property with which such trust would be established, to the same extent as the receipt of the trustee. 65 Del. Laws, c. 422, §  7;  76 Del. Laws, c. 90, §  7;
12 DE Code § 3544. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter III. General Provisions|§ 3544. Successor trustee.

§ 3544. Successor trustee. Unless provided otherwise by the terms of the governing instrument or by order of court, in the absence of actual knowledge of a breach of trust, or information concerning a possible breach of trust that would cause a reasonable person to inquire, a successor trustee appointed in accordance with the terms of the governing instrument, by the court, or by nonjudicial settlement agreement, is under no duty to examine the accounts and records of a predecessor trustee, is under no duty to inquire into or confirm the validity of a governing instrument or actions by a predecessor trustee altering or modifying a governing instrument or to inquire into the acts or omissions of its predecessor, is not liable for any failure to seek redress for any act or omission of any predecessor trustee, shall have responsibility only for property which is actually delivered to it by its predecessor, and shall have all of the powers and discretions conferred in the governing instrument upon the original trustee. 65 Del. Laws, c. 422, §  7;  66 Del. Laws, c. 376, §  1;  79 Del. Laws, c. 352, §  4;  82 Del. Laws, c. 52, § 2;
12 DE Code § 3546. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter III. General Provisions|§ 3546. Limitation on action contesting validity of trusts [For application of this section, see 80 Del. Laws, c. 153, § 5].

§ 3546. Limitation on action contesting validity of trusts [For application of this section, see 80 Del. Laws, c. 153, § 5]. (a) A judicial proceeding to contest whether a revocable trust or any amendment thereto, or an irrevocable trust was validly created may not be initiated later than the first to occur of:  (1) One hundred twenty days after the date that the trustee notified in writing the person who is contesting the trust of the trust's existence, of the trustee's name and address, of whether such person is a beneficiary, and of the time allowed under this section for initiating a judicial proceeding to contest the trust provided, however, that no trustee shall have any liability under the governing instrument or to any third party or otherwise for failure to provide any such written notice. For purposes of this paragraph (a)(1), notice shall have been given when received by the person to whom the notice was given and, absent evidence to the contrary, it shall be presumed that notice mailed or delivered to the last known address of such person constitutes receipt by such person. (2) Two years after the trustor's death; (3) If the trust was revocable at the trustor's death and the trust was specifically referred to in the trustor's last will, the time in which a petition for review of a will could be filed under this title; or (4) The date the person's right to contest was precluded by adjudication, consent or other limitation. (b) Upon the death of the trustor of a trust that was revocable at the time of the trustor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. This distribution may be made without liability unless the trustee has actual knowledge of a pending judicial proceeding to contest the validity of the trust, or is notified by a potential contestant of a possible contest, followed by its initiation within 30 days of such notice. (c) Until a contest is barred under subsection (a) of this section, a beneficiary of what later turns out to have been an invalid trust is liable to return any distribution received. (d) For purposes of paragraph (a)(1) of this section, a person is deemed to have been given any notice that has been given to any other person who under § 3547 of this title may represent and bind such person. 72 Del. Laws, c. 388, §  2;  74 Del. Laws, c. 81, §  5;  75 Del. Laws, c. 97, §  7;  78 Del. Laws, c. 117, §  9;  79 Del. Laws, c. 197, §  2;  80 Del. Laws, c. 153, §  4;  81 Del. Laws, c. 149, § 2;
12 DE Code § 3549. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter III. General Provisions|§ 3549. Marital deduction gift; compliance with Internal Revenue Code; fiduciary powers.

§ 3549. Marital deduction gift; compliance with Internal Revenue Code; fiduciary powers. (a) If a governing instrument contains a marital deduction gift, the governing instrument shall be construed to comply with the marital deduction provisions of the Internal Revenue Code in every respect. (b) If a governing instrument contains a marital deduction gift, any fiduciary operating under the governing instrument has all the powers, duties, and discretionary authority necessary to comply with the marital deduction provisions of the Internal Revenue Code. The fiduciary shall not take any action or have any power that may impair that deduction, but this does not require the fiduciary to make the election under § 2056(b)(7) or § 2523(f) of the Internal Revenue Code [26 U.S.C. § 2056(b)(7) or § 2523(f)]. (c) For purposes of this section, “marital deduction gift” means a gift intended to qualify for the marital deduction as indicated by a preponderance of the evidence including the governing instrument and extrinsic evidence whether or not the governing instrument is found to be ambiguous. (d) For purposes of this section, “Internal Revenue Code” means the Internal Revenue Code of 1986 (26 U.S.C. § 1 et seq.), as amended, or any corresponding federal tax statute enacted hereafter. 76 Del. Laws, c. 90, §  9;
12 DE Code § 3550. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter III. General Provisions|§ 3550. Electronic execution of documents.

§ 3550. Electronic execution of documents. (a) If otherwise validly executed, the following documents may be executed in accordance with the Uniform Electronic Transaction Act, Chapter 12A of Title 6:  (1) A governing instrument or other document—other than a will or codicil—described in §§ 3325(29), 3338, 3342, 3343, 3528, or 3545 of this title. (2) The resignation, removal, appointment, or acceptance of appointment of any trustee, any adviser or protector as described in § 3313(a) of this title, or of any designated representative described in § 3339 of this title. (3) A consent, release, ratification, or indemnification described in § 3588 of this title. (4) Any other document addressed by Chapters 33 and 35 of this title to the extent it is not excluded from the scope of Chapter 12A of Title 6 under § 12A-103(a) of Title 6.  (b) Notwithstanding any provision of Chapter 12A of Title 6 to the contrary, the documents under subsection (a) of this section are deemed to be a “transaction” within the meaning of § 12A-102 of Title 6 and are within the scope of § 12A-103 of Title 6. 83 Del. Laws, c. 69, § 3;
12 DE Code § 3551. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter IV. Trusts for Cemeteries and Other Noncharitable Purposes|§ 3551. Burial lots; perpetuities.

§ 3551. Burial lots; perpetuities. (a) Any owner of any burial lot or plot in any cemetery in this State, whether or not there shall then have been an interment in the lot or plot, may convey it in trust to the corporation owning or maintaining the cemetery or to any trust company, bank or banking company of this State or to any bank or banking company organized under the laws of the United States and doing business in this State and such corporation, trust company, bank or banking company may hold the title thereto in perpetuity or for any shorter time for the use and benefit of the owner of the lot or plot and for the protection of the bodies theretofore interred therein or which may thereafter be interred therein, pursuant to the terms of the deed of trust. Before any such conveyance shall be made the corporation owning or conducting the cemetery in which the lot or plot is located shall, by a resolution of its board of directors or managers passed at a regular meeting of the board, authorize the conveyance. (b) A trust for the care and maintenance of any burial lot or cemetery plot, or for the construction or maintenance of any monument, marker or other additions thereto, is valid. 40 Del. Laws, c. 223, §  1;  Code 1935, §  3964;  12 Del. C. 1953, §  3551;  75 Del. Laws, c. 301, §  2;
12 DE Code § 3552. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter IV. Trusts for Cemeteries and Other Noncharitable Purposes|§ 3552. Powers of cemetery corporation as to trust funds.

§ 3552. Powers of cemetery corporation as to trust funds. Any corporation created and existing under the laws of this State and owning 1 or more cemeteries in this State may take and hold, in perpetuity or for any shorter time, any real or personal property which shall be given, granted, devised or bequeathed to the corporation upon the trust to invest and reinvest the property and to use and apply the income thereof for:  (1) The care, improvement or embellishment of such cemetery or cemeteries or of any 1 or more lot or lots therein; or (2) The erection or preservation of any buildings, structures or fences erected or to be erected upon any 1 or more of the lot or lots in the cemetery or cemeteries; or (3) The erection, repair, preservation or renewal of any tomb, tombstone, monument, gravestone, mausoleum, fence, railing or other erection in, on or around any lot or lots; or (4) Planting and cultivating trees, shrubs, flowers or plants in, on or around any such lot or lots; or (5) Any and all of such purposes, in accordance with the terms and provisions of such gift, grant, devise or bequest, which terms and provisions may restrict the use and application of the income of the trust fund to any 1 lot whether owned by the donor of the trust fund or by any other person or persons.40 Del. Laws, c. 222, §  1;  Code 1935, §  3964;  12 Del. C. 1953, §  3552;
12 DE Code § 3553. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter IV. Trusts for Cemeteries and Other Noncharitable Purposes|§ 3553. Sale of real estate and proceeds.

§ 3553. Sale of real estate and proceeds. Any real estate given, granted or devised to a cemetery corporation in trust, in accordance with § 3552 of this title, other than a lot or lots in the cemetery or cemeteries, may be sold and conveyed by the cemetery corporation at its discretion and the proceeds thereof shall be held under the same uses and trusts and subject to the same limitations as applied to the real estate before the sale thereof, but the donor of the real estate may provide otherwise in the trust instrument. 40 Del. Laws, c. 222, §  2;  Code 1935, §  3964;  12 Del. C. 1953, §  3553;
12 DE Code § 3554. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter IV. Trusts for Cemeteries and Other Noncharitable Purposes|§ 3554. Perpetual care burial lots.

§ 3554. Perpetual care burial lots. (a) Whenever a person, partnership or corporation engaged in the business of selling burial lots with perpetual care for profit shall sell any burial lot with perpetual care, it shall deposit in a bank and trust company, trust company or national banking association having fiduciary powers, a sum equal to at least 1/10 of the gross sales price of such lot as a permanent lot care fund for the maintenance of burial lots sold with perpetual care and shall designate such banking institution as trustee of such fund. The permanent lot care fund so established shall be invested in compliance with Chapter 33 of this title and the trustee shall pay at least semiannually the net income from the fund to the person, partnership or corporation for the perpetual care and preservation of the burial lots sold with perpetual care. (b) Any person, partnership or corporation engaged in the business of selling burial lots shall keep a record of all sales of burial lots showing the name of the purchaser or lessee, whether such lot was sold with perpetual care and the gross sales price. Such records shall be made available to the Attorney General of this State for inspection. 12 Del. C. 1953, §  3554;  55 Del. Laws, c. 397;  65 Del. Laws, c. 341, §  1;
12 DE Code § 3555. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter IV. Trusts for Cemeteries and Other Noncharitable Purposes|§ 3555. Trust for care of an animal.

§ 3555. Trust for care of an animal. (a) A trust for the care of 1 or more specific animals living at the trustor's death is valid. The trust terminates upon the death of all animals living at the trustor's death and covered by the terms of the trust. (b) A trust authorized by subsection (a) of this section shall not be invalid because it lacks an identifiable person as beneficiary. (c) A trust authorized by subsection (a) of this section may be enforced by a person appointed in the terms of the trust or, if there is no such person or if the last such person no longer is willing and able to serve, by a person appointed by the Court of Chancery. A person who has an interest in the welfare of the animal or animals other than a general public interest may petition the Court of Chancery for an order that appoints a person to enforce the terms of the trust or to remove that person. (d) Property of a trust authorized by this section may be applied only to its intended use. Upon the termination of the trust, any property of the trust remaining shall be distributed in accordance with the terms of the trust or, in the absence of such terms, as provided in § 3592 of this title. (e) In the case of a trust created in accordance with subsection (a) of this section, a trustor or other owner of an animal for whose benefit the trust was created may transfer ownership of the animal to the trustee at or subsequent to the creation of the trust. Subject to any contrary provision in the trust or other instrument by which ownership of the animal is given or bequeathed, if the person to whom ownership of the animal is given or bequeathed disclaims or releases such ownership, ownership of the animal shall pass to the trustee upon such disclaimer or release. (f) The trustee of a trust created in accordance with subsection (a) of this section shall provide care for the benefit of the animal in accordance with the terms of the trust or, in the absence of any such terms, shall provide care that is reasonable under the circumstances. The trustee may employ agents or contractors to provide any such care and pay for such care from the assets of the trust. (g) For purposes of this section, the term “animal” shall include any nonhuman member of the animal kingdom but shall exclude plants and inanimate objects. 75 Del. Laws, c. 301, §  3;  76 Del. Laws, c. 254, §  11;
12 DE Code § 3556. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter IV. Trusts for Cemeteries and Other Noncharitable Purposes|§ 3556. Trust for other noncharitable purposes.

§ 3556. Trust for other noncharitable purposes. (a) In addition to the provisions of § 3555 of this title, a trust for a declared purpose that is not impossible of attainment is valid notwithstanding that the trust might not be deemed to be for charitable purposes. (b) A trust authorized by subsection (a) of this section shall not be invalid because it lacks an identifiable person as beneficiary.  (c) A trust authorized by subsection (a) of this section may be enforced by a person appointed in the terms of the trust or, if there is no such person or if the last such person no longer is willing and able to serve, by a person appointed by the Court of Chancery. A person who has an interest in the declared purpose of the trust other than a general public interest may petition the Court of Chancery for an order that appoints a person to enforce the terms of the trust or to remove that person. (d) Property of a trust authorized by this section may be applied only to its intended use. Upon the termination of the trust, any property of the trust remaining shall be distributed in accordance with the terms of the trust or, in the absence of such terms, as provided in § 3592 of this title.  76 Del. Laws, c. 254, §  12;