reglab/housing_qa huggingface dataset:
12 DE Code § 3560. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter V. Compensation of Trustees|§ 3560. Trustees entitled to compensation in accordance with instrument.

§ 3560. Trustees entitled to compensation in accordance with instrument. (a) Trustees under wills, trustees under inter vivos deeds of trust, both revocable and irrevocable, and successors to such trustees, are entitled to reasonable compensation for their services in accordance with the instrument creating the trust. Subject to other provisions of this subsection, if a trust instrument fixes the reasonable compensation of a trustee, the trustee is entitled to compensation as so determined. Upon proper showing, the Court of Chancery may fix or allow greater or lesser compensation than could be allowed under the terms of such trust in any of the following circumstances:  (1) Where the duties of the trustee are substantially different from those contemplated when the trust was created; (2) Where the compensation in accordance with the terms of the trust would be unreasonably low or high; (3) In extraordinary circumstances calling for equitable relief. (b) An order under this section allowing greater or lesser compensation applies to such actions taken in the administration of a trust as the order shall specify. 67 Del. Laws, c. 56, §  2;
12 DE Code § 3561. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter V. Compensation of Trustees|§ 3561. Reasonable compensation when trust instrument does not determine.

§ 3561. Reasonable compensation when trust instrument does not determine. (a) As used in this section, the term “qualified trustee” means any person authorized by the law of this State or of the United States to act as a trustee whose activities are subject to supervision by the Bank Commissioner of the State, the Federal Deposit Insurance Corporation or the Comptroller of the Currency of the United States. (b) Unless a trust instrument specifically provides that the trustee shall serve without compensation, when a trust instrument does not fix the compensation of the trustee, reasonable compensation shall be allowed. Subject to the provisions of § 3562 of this title, such compensation shall be determined as follows:  (1) For qualified trustees:  a. Each qualified trustee shall file with the Register in Chancery for every county in this State, a copy of a schedule or formula by which its allowance as compensation shall be computed. Such schedule or formula may be based upon or reflect the following factors:  1. The time spent or likely to be spent in administering a trust of the type contemplated; 2. The risks and responsibilities involved; 3. The novelty and difficulty of the tasks required of the trustee; 4. The skill and experience of the trustee; 5. Comparable charges for similar services; 6. The character of the trust assets; 7. The time constraints imposed upon the trustee in administering the trust; b. Each qualified trustee shall provide a copy of its current trustee fee schedule or formula as filed upon any filing pursuant to paragraph (b)(1)a. of this section to the settlor of any revocable trust and to each current income beneficiary of every other trust from which it will seek to be allowed compensation to be calculated in accordance with such schedule or formula; c. Each qualified trustee shall be allowed as reasonable compensation for services with respect to each trust from which it is entitled to compensation under this section, an amount determined by application of the schedule or formula so filed to trusts of that size and type. (2) For other trustees, the Court of Chancery shall from time to time promulgate a rule fixing the method by which trustees other than qualified trustees may be allowed compensation for their services. (3) There shall be no presumption that a fee schedule filed under paragraph (b)(1) of this section is any more or less reasonable than the schedule promulgated under paragraph (b)(2) of this section.67 Del. Laws, c. 56, §  2;
12 DE Code § 3562. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter V. Compensation of Trustees|§ 3562. Judicial review of trustees' allowances.

§ 3562. Judicial review of trustees' allowances. (a) The provisions of § 3561(b)(1)c. of this title notwithstanding, the settlor or any current income beneficiary of a trust, or any other person having an equitable interest in a trust from which a fee for trustee compensation is taken or is proposed to be taken pursuant to § 3561(b) of this title, who objects to a schedule or formula filed thereunder as being unreasonable, or who objects to the fee fixed by such schedule or formula as being unreasonable in the particular circumstances, may petition the Court of Chancery for judicial review of the reasonableness of the schedule or formula, or of its application, as the case may be. (b) Upon the filing of any such petition, the Court of Chancery may appoint a disinterested third person to act as master to hear and determine the matters raised by such petition and any answer thereto. Proceedings before such master shall be in conformance with the Rules of the Court of Chancery. The final report of the master shall be in the form of findings of fact, conclusions of law and recommended decree, and shall be filed with the Register in Chancery. Findings of fact made by the master, if supported by substantial evidence, shall be conclusive. The Court of Chancery shall thereafter enter its decree determining the matter in issue. Costs of the proceeding, including the reasonable fee of the master, shall be assessed against the trust in question if the petition is denied in its entirety and shall be assessed against the trustee in its individual capacity if it is granted in whole. In other instances, costs shall be apportioned equitably. 67 Del. Laws, c. 56, §  2;
12 DE Code § 3571. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter VI. Qualified Dispositions in Trust|§ 3571. Retained interests of transferor.

§ 3571. Retained interests of transferor. A qualified disposition shall be subject to § 3572 of this title notwithstanding a transferor's retention of any or all of the powers and rights described in § 3570(11)b. of this title and the transferor's service as investment adviser pursuant to § 3570(8)d. of this title. The transferor shall have only such powers and rights as are conferred by the trust instrument. Except as permitted by §§ 3570(8)d. and 3570(11)b. of this title, a transferor shall have no rights or authority with respect to the property that is the subject of a qualified disposition or the income therefrom, and any agreement or understanding purporting to grant or permit the retention of any greater rights or authority shall be void. 71 Del. Laws, c. 159, §  1;  71 Del. Laws, c. 343, §  6;  72 Del. Laws, c. 59, §  2;  72 Del. Laws, c. 341, §  5;
12 DE Code § 3573. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter VI. Qualified Dispositions in Trust|§ 3573. Limitations on qualified dispositions.

§ 3573. Limitations on qualified dispositions. With respect to the limitations imposed by § 3572 of this title, those limitations on actions by creditors to avoid a qualified disposition shall not apply:  (1) To any person to whom the transferor is indebted on account of an agreement or order of court for the payment of support or alimony in favor of such transferor's spouse, former spouse or children, or for a division or distribution of property incident to a judicial proceeding with respect to a separation or divorce in favor of such transferor's spouse or former spouse, but only to the extent of such debt; or (2) To any person who suffers death, personal injury or property damage on or before the date of a qualified disposition by a transferor, which death, personal injury or property damage is at any time determined to have been caused in whole or in part by the tortious act or omission of either such transferor or by another person for whom such transferor is or was vicariously liable but only to the extent of such claim against such transferor or other person for whom such transferor is or was vicariously liable. Paragraph (1) of this section shall not apply to any claim for forced heirship, legitime or elective share. 71 Del. Laws, c. 159, §  1;  71 Del. Laws, c. 254, §  36;  71 Del. Laws, c. 343, §  8;  72 Del. Laws, c. 341, §  9;  74 Del. Laws, c. 100, §  1;  75 Del. Laws, c. 97, §  15;  78 Del. Laws, c. 117, §  12;  79 Del. Laws, c. 198, §  1;
12 DE Code § 3575. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter VI. Qualified Dispositions in Trust|§ 3575. Application of subchapter.

§ 3575. Application of subchapter. This subchapter shall apply to qualified dispositions and dispositions by transferors who are trustees made on or after July 1, 1997. 71 Del. Laws, c. 159, §  1;  71 Del. Laws, c. 343, §  10;
12 DE Code § 3576. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter VI. Qualified Dispositions in Trust|§ 3576. Short title.

§ 3576. Short title. This subchapter may be cited as the “Qualified Dispositions in Trust Act.” 71 Del. Laws, c. 159, §  1;
12 DE Code § 3580. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter VII. Liability of Trustees and Rights of Persons Dealing With Trustee|§ 3580. Definition [For application of this section, see 79 Del. Laws, c. 172, § 6].

§ 3580. Definition [For application of this section, see 79 Del. Laws, c. 172, § 6]. In this subchapter, the term “trustee” includes fiduciaries and other persons exercising, or directing or consenting to the exercise of, or who are required to be consulted before the exercise of, powers or duties under a trust's governing instrument or under this title, as well as designated representatives under § 3339 of this title. 72 Del. Laws, c. 388, §  7;  79 Del. Laws, c. 172, §  3;  79 Del. Laws, c. 352, §  4;  81 Del. Laws, c. 320, § 5;
12 DE Code § 3581. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter VII. Liability of Trustees and Rights of Persons Dealing With Trustee|§ 3581. Breach of trust; equitable remedies.

§ 3581. Breach of trust; equitable remedies. (a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. (b) To remedy a breach of trust that has occurred or may occur, the court may order any equitable remedy, including:  (1) Compelling the trustee to perform the trustee's duties; (2) Enjoining the trustee from committing a breach of trust; (3) Compelling the trustee to redress a breach of trust by paying money, restoring property, or other means; (4) Ordering a trustee to account; (5) Appointing a special fiduciary to take possession of the trust property and administer the trust; (6) Suspending or removing the trustee; (7) Reducing or denying compensation to the trustee; (8) Subject to § 3590 of this title, voiding an act of the trustee, imposing a lien or a constructive trust on trust property or tracing trust property wrongfully disposed of and recover the property or its proceeds; or (9) Granting any other appropriate relief.72 Del. Laws, c. 388, §  7;  73 Del. Laws, c. 409, §  4;
12 DE Code § 3582. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter VII. Liability of Trustees and Rights of Persons Dealing With Trustee|§ 3582. Damages against trustee for breach of trust [For application of this section, see 80 Del. Laws, c. 153, § 5].

§ 3582. Damages against trustee for breach of trust [For application of this section, see 80 Del. Laws, c. 153, § 5]. A beneficiary may charge a trustee who commits a breach of trust with:  (1) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; (2) The profit that the trustee made by reason of the breach; or (3) Such other amount as may be determined by the court.72 Del. Laws, c. 388, §  7;  80 Del. Laws, c. 153, §  4;
12 DE Code § 3583. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter VII. Liability of Trustees and Rights of Persons Dealing With Trustee|§ 3583. Liability of trustee in absence of breach.

§ 3583. Liability of trustee in absence of breach. (a) Except to the extent a trustee realizes a profit from conduct expressly permitted by law or the terms of the trust, a trustee is accountable to a beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust. (b) Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for the failure to make a profit. 72 Del. Laws, c. 388, §  7;  77 Del. Laws, c. 330, §  18;
12 DE Code § 3584. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter VII. Liability of Trustees and Rights of Persons Dealing With Trustee|§ 3584. Attorneys' fees and costs.

§ 3584. Attorneys' fees and costs. In a judicial proceeding involving a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorneys' fees, to any party, to be paid by another party or from the trust that is the subject of the controversy. 72 Del. Laws, c. 388, §  7;
12 DE Code § 3586. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter VII. Liability of Trustees and Rights of Persons Dealing With Trustee|§ 3586. Reliance on governing instrument.

§ 3586. Reliance on governing instrument. A trustee who acted in good faith reliance on the terms of a written governing instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance. 72 Del. Laws, c. 388, §  7;  82 Del. Laws, c. 52, § 2;
12 DE Code § 3587. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter VII. Liability of Trustees and Rights of Persons Dealing With Trustee|§ 3587. Events affecting administration or distribution.

§ 3587. Events affecting administration or distribution. Whenever the happening of an event, including marriage, divorce, performance of education requirements or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge. 72 Del. Laws, c. 388, §  7;
12 DE Code § 3588. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter VII. Liability of Trustees and Rights of Persons Dealing With Trustee|§ 3588. Consent, release, ratification, or indemnification in favor of a trustee [For application of this section, see 81 Del. Laws, c. 320, § 8].

§ 3588. Consent, release, ratification, or indemnification in favor of a trustee [For application of this section, see 81 Del. Laws, c. 320, § 8]. (a) A person may not hold a trustee liable for a breach of trust or other claim if the person consented to the conduct constituting the breach or other claim, released the trustee from liability for the breach or other claim, or ratified the transaction constituting the breach or other claim, unless:  (1) The consent, release or ratification of the person was induced by improper conduct of the trustee; or (2) At the time of the consent, release or ratification, the person did not know of:  a. The person's rights; or b. Material facts the trustee knew or should have known with the exercise of reasonable inquiry. (b) A consent, release, ratification, or indemnification in favor of a trustee need not be supported by consideration. 72 Del. Laws, c. 388, §  7;  75 Del. Laws, c. 300, §  4;  78 Del. Laws, c. 117, §  14;  81 Del. Laws, c. 320, § 5;
12 DE Code § 3589. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter VII. Liability of Trustees and Rights of Persons Dealing With Trustee|§ 3589. Limitation on personal liability of trustee.

§ 3589. Limitation on personal liability of trustee. Repealed by 73 Del. Laws, c. 409, § 3, effective July 10, 2002.
12 DE Code § 3590. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter VII. Liability of Trustees and Rights of Persons Dealing With Trustee|§ 3590. Protection of person dealing with trustee.

§ 3590. Protection of person dealing with trustee. (a) A person other than a beneficiary who in good faith assists a trustee or who in good faith and for value deals with a trustee without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power. (b) A person other than a beneficiary who in good faith deals with another person knowing that the other person is a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise. (c) A person who in good faith delivers assets to a trustee need not ensure their proper application. (d) A person other than a beneficiary who in good faith assists a former trustee or who for value and in good faith deals with a former trustee without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee. (e) The protection provided by this section to persons assisting or dealing with a trustee is superseded by comparable protective provisions of other laws relating to commercial transactions or to the transfer of securities by fiduciaries. 72 Del. Laws, c. 388, §  7;  73 Del. Laws, c. 409, §  3;
12 DE Code § 3591. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter VII. Liability of Trustees and Rights of Persons Dealing With Trustee|§ 3591. Certification of trust.

§ 3591. Certification of trust. (a) Instead of providing a person other than a beneficiary with a copy of the trust instrument, a trustee may provide the person with a certification of trust containing statements concerning, but not limited to, the following matters:  (1) The existence of the trust and the date of execution of the trust instrument; (2) The identity of the trustor or trustors and of the currently acting trustee or trustees of the trust; (3) The powers of the trustee; (4) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust; (5) The authority of co-trustees to sign and whether all or less than all are required to sign in order to exercise powers of the trustee; (6) The trust's taxpayer identification number; and (7) The manner in which title to trust property may be taken. (b) A certification of trust must be in the form of an acknowledged writing and may be signed by any trustee. (c) A certification of trust must contain a statement that the trust has not been revoked, modified or amended in any manner that would cause the representations contained in the certification of trust to be incorrect. (d) A certification of trust need not contain the dispositive terms of a trust. (e) A recipient of a certification of trust may require the trustee to provide copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction. (f) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification. (g) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct. (h) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages, including attorneys' fees, if the court determines that the person did not act in good faith in requesting the trust instrument. (i) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust. 72 Del. Laws, c. 388, §  7;  73 Del. Laws, c. 409, §  3;
12 DE Code § 3592. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter VII. Liability of Trustees and Rights of Persons Dealing With Trustee|§ 3592. Failure of trust to dispose of all assets.

§ 3592. Failure of trust to dispose of all assets. In the event that the terms of an inter vivos trust do not effectively dispose of a portion of or all of the principal and income of such inter vivos trust:  (1) If such failure occurs simultaneously with the death of the trustor, the trust principal not effectively disposed of shall be treated as though it were an additional part of the trustor's estate, and shall be disposed of in accordance with the provisions of the trustor's will, or if the trustor has no valid will, then the provisions of § 501 et seq. of this title shall govern the disposition of such principal; provided, however, that if any disposition to the trust would be treated as a qualified disposition, within the meaning of § 3570(7) of this title, if paragraph (2) of this section, rather than this paragraph (1), were applicable to the trust, then the principal of the trust shall be disposed of in accordance with paragraph (2) of this section. (2) If such failure occurs at any time other than simultaneously with the death of the trustor, the trust income and principal not effectively disposed of shall be distributed as though the trustor had died on the date on which such failure occurred, a resident of the state of Delaware, owning the property so distributable, as though the provisions of § 501 et seq. of this title applied, but provided that if the provisions of § 502(2) or (3) of this title would apply for purposes of determining the share of a surviving spouse, the share of such surviving spouse shall be half of the personal property of the trust plus a life estate in the real estate of the trust.75 Del. Laws, c. 299, §  1;  76 Del. Laws, c. 90, §  17;  79 Del. Laws, c. 198, §  1;
12 DE Code § 3593. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter VII. Liability of Trustees and Rights of Persons Dealing With Trustee|§ 3593. Interest on pecuniary gifts in trust [For application of this section, see 79 Del. Laws, c. 172, § 6].

§ 3593. Interest on pecuniary gifts in trust [For application of this section, see 79 Del. Laws, c. 172, § 6]. Except where circumstances justify a longer period, pecuniary gifts from an inter vivos trust which are payable as of the death of the trustor or another person, shall bear interest at the rate of 4 percent per annum payable from the trust beginning 13 months after such death, or, if there is a change of trustee as a result of such death, 13 months after the trustee first takes office as trustee following such death, until payment, unless a contrary intent is indicated by the governing instrument. 75 Del. Laws, c. 299, §  2;  79 Del. Laws, c. 172, §  3;