reglab/housing_qa huggingface dataset:
12 DE Code § 3321. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 33. Administrative Provisions|§ 3321. Applicability of chapter; definitions.

§ 3321. Applicability of chapter; definitions. Repealed 76 Del. Laws, c. 254, § 8.
12 DE Code § 3322. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 33. Administrative Provisions|§ 3322. Fiduciary agency contracts; delegation.

§ 3322. Fiduciary agency contracts; delegation. (a) A fiduciary may appoint agents to assist in the performance of the fiduciary's duties, pay such agents from the fiduciary fund and delegate investment, management, or other fiduciary duties to any such agent, including an agent who is a cofiduciary. (b) When a fiduciary, acting in the fiduciary's discretion and not at the direction of any adviser, appoints an agent to assist in the performance of the fiduciary's duties, the standard of care applicable to the fiduciary when personally performing such duties shall continue to apply to the fiduciary with respect to selecting and hiring the agent, paying the agent from the fiduciary fund, establishing the scope and specific terms of the agency relationship, and overseeing the agent's actions and continuing the agency relationship, but the fiduciary shall not otherwise be liable for the conduct of such agent. The foregoing rule shall apply even if:  (1) The aggregate amount paid to the agent and the fiduciary from the fiduciary fund exceeds the amount otherwise payable from the fiduciary fund to the fiduciary under subchapter V of Chapter 35 of this title or other applicable law; or  (2) The standard of care applicable to the agent is a lower standard than the standard applicable to the fiduciary when personally performing duties to be performed by the agent. (c) When a fiduciary delegates investment, management, or other fiduciary duties to an agent, such delegation shall not cause the fiduciary to cease to be a fiduciary or cause the agent to be a fiduciary. 65 Del. Laws, c. 422, §  6;  73 Del. Laws, c. 47, §  1;  74 Del. Laws, c. 82, §  7;  75 Del. Laws, c. 300, §  1;  79 Del. Laws, c. 352, §  3;  82 Del. Laws, c. 52, § 1;
12 DE Code § 3323. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 33. Administrative Provisions|§ 3323. Cofiduciaries and co-nonfiduciaries.

§ 3323. Cofiduciaries and co-nonfiduciaries. (a) Unless provided otherwise by the governing instrument, any power vested in 3 or more fiduciaries or nonfiduciaries by the governing instrument or by law may be exercised by a majority of such fiduciaries or nonfiduciaries and a majority of fiduciaries or nonfiduciaries named in a governing instrument may designate 1 of such fiduciaries or nonfiduciaries to perform ministerial functions on behalf of all such fiduciaries or nonfiduciaries. A fiduciary or nonfiduciary who dissents from the action of the majority is not liable to anyone having an interest in the fiduciary fund, or to the other fiduciaries or nonfiduciaries, if such dissent is evidenced by a writing delivered to the majority of the fiduciaries or nonfiduciaries. (b) This section does not excuse a cofiduciary or co-nonfiduciary from liability for failure to participate in the administration of the fiduciary fund or for failure to attempt to prevent a breach of trust, or for failure to seek advice and guidance from the court in a recurring situation, unless otherwise expressly provided by the governing instrument. 65 Del. Laws, c. 422, §  6;  74 Del. Laws, c. 82, §  7;  81 Del. Laws, c. 320, § 4;
12 DE Code § 3324. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 33. Administrative Provisions|§ 3324. General powers of trustee.

§ 3324. General powers of trustee. (a) A trustee, without authorization by the court, may exercise:  (1) Powers conferred by the terms of the trust; and (2) Except as limited by the terms of the trust, any other powers conferred by this chapter. (b) Except as modified by the terms of a trust, the exercise of a power is subject to the fiduciary duties otherwise prescribed by law. 72 Del. Laws, c. 388, §  4;  74 Del. Laws, c. 82, §  7;
12 DE Code § 3326. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 33. Administrative Provisions|§ 3326. Resignation of an officeholder.

§ 3326. Resignation of an officeholder. (a) For purposes of this section and § 3327 of this title, the term “officeholder” includes a trustee, an adviser as defined in § 3313 of this title, and a designated representative as defined in § 3339 of this title. (b) An officeholder may resign:  (1) If the governing instrument expressly permits the officeholder to resign, in accordance with the terms of the governing instrument; (2) If the governing instrument neither expressly permits nor prohibits the officeholder's resignation, but establishes a procedure for the appointment of a successor officeholder who shall be willing and able to serve as such, upon 30 days written notice to the beneficiaries, those holding the power to appoint a successor officeholder, and any other officeholders; or (3) In all other cases, with the approval of the Court of Chancery. (c) A beneficiary or other officeholder may waive the notice otherwise required by this section. (d) In approving a resignation, the Court of Chancery may impose orders and conditions reasonably necessary for the protection of the trust property, including the appointment of a special fiduciary. (e) Any liability of a resigning officeholder or of any sureties on the officeholder's bond, if any, for acts or omissions of a resigning officeholder is not discharged or affected by the officeholder's resignation. 72 Del. Laws, c. 388, §  6;  74 Del. Laws, c. 82, §  7;  83 Del. Laws, c. 69, § 2;
12 DE Code § 3327. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 33. Administrative Provisions|§ 3327. Removal of an officeholder.

§ 3327. Removal of an officeholder. If a governing instrument expressly permits an officeholder (as defined in § 3326 of this title) to be removed, the officeholder may be removed in accordance with the terms of the governing instrument. In addition, the Court of Chancery may remove an officeholder on the Court's own initiative or on petition of a trustor, another officeholder, or beneficiary if:  (1) The officeholder has committed a breach of trust; or (2) The continued service of the officeholder substantially impairs the administration of the trust; or (3) The court, having due regard for the expressed intention of the trustor and the best interests of the beneficiaries, determines that notwithstanding the absence of a breach of trust, there exists:  a. A substantial change in circumstances; b. Unfitness, unwillingness or inability of the officeholder to administer the trust or perform its duties properly; or c. Hostility between the officeholder and beneficiaries or other officeholders that threatens the efficient administration of the trust.72 Del. Laws, c. 388, §  6;  74 Del. Laws, c. 82, §  7;  83 Del. Laws, c. 69, § 2;
12 DE Code § 3328. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 33. Administrative Provisions|§ 3328. Limitation on personal liability of fiduciary.

§ 3328. Limitation on personal liability of fiduciary. (a) Except as otherwise provided in the contract, a fiduciary is not personally liable on a contract properly entered into in a fiduciary capacity if the fiduciary in the contract discloses the fiduciary capacity. (b) The debts, obligations and liabilities incurred by a fiduciary by reason of the ownership or control of property held in a fiduciary capacity, including but not limited to liability incurred as a general or limited partner or for violation of environmental law, shall be enforceable solely against the fiduciary fund and no fiduciary shall be obligated personally for any such debt, obligation or liability solely by reason of owning or controlling the fiduciary fund. (c) A fiduciary is personally liable for torts committed in the course of administering a fiduciary fund only if the fiduciary is personally at fault on account of the fiduciary's own wilful misconduct proven by clear and convincing evidence in the court then having primary jurisdiction over the fiduciary. (d) A claim based on a contract entered into by a fiduciary in the fiduciary's fiduciary capacity on an obligation arising from ownership or control of the fiduciary fund or on a tort committed in the course of administering a fiduciary fund may be asserted in a judicial proceeding against the fiduciary in the fiduciary's fiduciary capacity whether or not the fiduciary is personally liable on the claim. (e) This section shall have no application to any action brought by or on behalf of a beneficiary for violation of a fiduciary's fiduciary duties. (f) Notwithstanding the provisions of this chapter or any other Delaware law, the term “fiduciary” shall mean a fiduciary as defined in § 3301 of this title and an adviser, including but not limited to an investment adviser or distribution adviser serving in conjunction with such a fiduciary. 73 Del. Laws, c. 409, §  1;  74 Del. Laws, c. 82, §  7;  77 Del. Laws, c. 98, §  7;
12 DE Code § 3329. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 33. Administrative Provisions|§ 3329. Effect of no-contest provision.

§ 3329. Effect of no-contest provision. (a) A provision of a will or trust that if given effect would reduce or eliminate the interest of any beneficiary of such will or trust who initiates or participates in an action to contest the validity of such will or trust or to set aside or vary the terms of such will or trust shall be enforceable. (b) The provisions of subsection (a) of this section shall have no application to:  (1) Any action brought by the trustee of a trust or the personal representative under a will; (2) Any action in which the beneficiary is determined by the court to have prevailed substantially; (3) Any agreement among beneficiaries of the will or trust in settlement of a dispute relating to such will or trust; (4) Any action to determine whether a proposed or pending motion, petition, or other proceeding constitutes a contest within the meaning of a no-contest provision described in subsection (a) of this section; or (5) Any action brought by a beneficiary under a will or trust instrument for a construction or interpretation of such will or trust instrument.”74 Del. Laws, c. 82, §§  4, 7;
12 DE Code § 3330. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 33. Administrative Provisions|§ 3330. Construction or interpretation affecting validity under rule against perpetuities, applicability of later-enacted laws, and class determination; effect of survivorship requirement.

§ 3330. Construction or interpretation affecting validity under rule against perpetuities, applicability of later-enacted laws, and class determination; effect of survivorship requirement. (a) In the construction or interpretation of any governing instrument, the following rules shall apply in the absence of any contrary expression of intent in such governing instrument:  (1) The period of time during which an interest in trust is revocable pursuant to the uncontrolled volition of the person having such a power of revocation shall not be included in determining whether the trust is invalid under the rule against perpetuities. (2) There shall be no presumption that a testator or trustor did or did not intend that any law apply to a governing instrument which was not in effect on the date of execution of such governing instrument. (3) Except where the governing instrument expressly provides to the contrary, the determination of a class shall be governed by the law in effect on the date the governing instrument becomes irrevocable. (b) If, in the construction or interpretation of any governing instrument, the vesting in ownership, possession, or enjoyment of an interest in property of any person is dependent, whether as a matter of expression, implication or inference, in whole or in part upon:  (1) That person's survival of or for a period of time after the life of some other person, including but not limited to the testator or trustor, who has interest in such property, whether vested or contingent, and (2) That person fails to so survive the life of such other person or for a period of time thereafter, Then the probable or perceived intention of the transferor with respect to any person who would otherwise be entitled to the interest because of a gift, bequest, or devise made by the person who failed to so survive shall not be considered and shall not be admissible in any proceeding involving the construction or interpretation of such governing instrument. (c) Notwithstanding 81 Del. Laws, c. 320, § 8, subsection (a) of this section applies as follows:  (1) To wills of decedents dying on or after August 1, 1984. (2) To trusts becoming irrevocable, whether by the terms of the trust instrument, the death of a person having a power of revocation, or otherwise, on or after August 1, 1984. (3) To any other governing instruments whenever created. (d) Subsection (b) of this section applies to governing instruments whenever created. 74 Del. Laws, c. 82, §§  5, 7;  81 Del. Laws, c. 320, § 4;  82 Del. Laws, c. 278, § 1;
12 DE Code § 3331. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 33. Administrative Provisions|§ 3331. Preference for early vesting.

§ 3331. Preference for early vesting. In the construction or interpretation of any will or trust, or other governing instrument, if a determination is to be made whether the beneficiaries entitled to receive a distribution from an estate or trust are to be determined at an earlier or later time, such beneficiaries are to be determined at the earlier time unless the will or trust, or other governing instrument, expressly provides that the determination shall be made at the later time. 74 Del. Laws, c. 82, §§  6, 7;  83 Del. Laws, c. 69, § 2;
12 DE Code § 3332. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 33. Administrative Provisions|§ 3332. Governing law; change of situs [For application of this section, see 80 Del. Laws, c. 153, § 5].

§ 3332. Governing law; change of situs [For application of this section, see 80 Del. Laws, c. 153, § 5]. (a) The duration of a trust and time of vesting of interests in the trust property shall not change merely because the place of administration of the trust is changed from some other jurisdiction to this State. (b) Except as otherwise provided by the terms of a court order and notwithstanding a general choice of law provision in the governing instrument of a trust, such as a provision to the effect that the laws of a jurisdiction other than this State shall govern the trust or the administration of the trust, the laws of this State shall govern the administration of the trust while the trust is administered in this State unless the governing instrument expressly provides that the laws of another jurisdiction govern the administration of the trust and further provides that the laws governing the administration of the trust shall not change on account of a change in the place of administration of the trust. (c) Notwithstanding the foregoing, if a fiduciary takes or fails to take any action, based upon a good faith belief that the laws of a foreign jurisdiction govern the administration of a trust while the trust is administered in this State, the fiduciary's liability under the governing instrument for the action or inaction shall be determined in accordance with the laws of the foreign jurisdiction. 75 Del. Laws, c. 300, §  3;  80 Del. Laws, c. 153, §  3;  81 Del. Laws, c. 149, § 1;
12 DE Code § 3333. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 33. Administrative Provisions|§ 3333. Retention of counsel by fiduciary [For application of this section, see 79 Del. Laws, c. 172, § 6; 80 Del. Laws, c. 153, § 5].

§ 3333. Retention of counsel by fiduciary [For application of this section, see 79 Del. Laws, c. 172, § 6; 80 Del. Laws, c. 153, § 5]. (a) In the case of a fiduciary that retains counsel in connection with any matter whether or not related to any claim that has been or might be asserted against the fiduciary and pays such counsel's fees and related expenses entirely from such fiduciary's own funds, any communications with such counsel shall be deemed to be within the attorney-client privilege. (b) Except as otherwise provided in the governing instrument, a fiduciary may retain counsel in connection with any matter that is or that might reasonably be believed to be 1 that will become the subject of or related to a claim against the fiduciary, and the payment of counsel fees and related expenses from the fund with respect to which the fiduciary acts as such shall not cause the fiduciary to waive or to be deemed to have waived any right or privilege including, without limitation, the attorney-client privilege even if the communications with counsel had the effect of guiding the fiduciary in the performance of fiduciary duties. However, in the event that the fiduciary is determined by a court to have breached a fiduciary duty related to such matter, the court may, in its discretion, deny such fiduciary the right to have all or some part of the fiduciary's counsel fees paid from such fund and may require the fiduciary to reimburse any such fees and expenses that have been previously paid. 76 Del. Laws, c. 90, §  19;  79 Del. Laws, c. 172, §  2;  80 Del. Laws, c. 153, §  3;  81 Del. Laws, c. 149, § 1;
12 DE Code § 3334. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 33. Administrative Provisions|§ 3334. Contributions to revocable trusts [For application of this section, see 79 Del. Laws, c. 172, § 6].

§ 3334. Contributions to revocable trusts [For application of this section, see 79 Del. Laws, c. 172, § 6]. Where spouses make a contribution of property to 1 or more trusts, each of which is revocable by either or both of them, and, immediately before such contribution, such property or any part thereof or any accumulation thereto was, pursuant to applicable law, owned by them as tenants by the entireties, in any action concerning whether a creditor of either or both spouses may recover the debt from the trust, the sole remedy available to the creditor with respect to such trust property shall be an order directing the trustee to transfer the property to both spouses as tenants by the entireties. 77 Del. Laws, c. 330, §  9;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 117, §  4;  79 Del. Laws, c. 172, §  2;
12 DE Code § 3336. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 33. Administrative Provisions|§ 3336. Appointment of successor trustee [For application of this section, see 79 Del. Laws, c. 172, § 6].

§ 3336. Appointment of successor trustee [For application of this section, see 79 Del. Laws, c. 172, § 6]. If a trust has no serving trustee for any reason, including the death, incapacity, removal or resignation of the last serving trustee of the trust, or due to the renunciation or declination of the last named successor trustee of the trust of its appointment as such, and if the provisions of the governing instrument do not include any provisions which can be effectively used to appoint a successor trustee, and if the only remaining dispositive provisions of the trust then require distribution of the remaining property of the trust to 1 or more beneficiaries (whether outright, or to 1 or more other trusts which do have a serving trustee), then the taking beneficiaries of the trust, by unanimous vote, may name a successor trustee of the trust without the approval of the Court of Chancery. For purposes of the preceding sentence, the person entitled to vote with respect to a beneficiary which is another trust which has a serving trustee is the trustee or trustees of such trust. 79 Del. Laws, c. 172, §  2;  81 Del. Laws, c. 149, § 1;
12 DE Code § 3337. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 33. Administrative Provisions|§ 3337. Claims against revocable trusts [For application of this section, see 79 Del. Laws, c. 172, § 6].

§ 3337. Claims against revocable trusts [For application of this section, see 79 Del. Laws, c. 172, § 6]. Following the death of the trustor of a trust that was revocable immediately prior to the trustor's death, all claims against the trust that, but for any applicable period of limitations, could have been brought against the trustor's estate, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort or other legal basis, if not barred earlier by other statute of limitations, are barred against the trust when and to the same extent barred against the trustor's estate by any applicable statute of limitations or statute of repose on claims against the estate including any such statute of limitations or repose enacted by jurisdictions other than this State. 79 Del. Laws, c. 172, §  2;
12 DE Code § 3340. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 33. Administrative Provisions|§ 3340. Place of administration [For application of this section, see 80 Del. Laws, c. 153, § 5].

§ 3340. Place of administration [For application of this section, see 80 Del. Laws, c. 153, § 5]. For purposes of this title, a trust shall be deemed to be administered in this State if:  (1) The sole trustee is an individual residing in this State or a corporation or other entity having an office for the conduct of trust business in this State; (2) The trust has more than 1 trustee only 1 of which is a corporation or other entity and that corporation or other entity has an office for the conduct of trust business in this State; or (3) The trust has more than 1 trustee all of whom are individuals and 1/2 or more of whom reside in this State.80 Del. Laws, c. 153, §  3;