reglab/statecodes huggingface dataset:
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 33. ADMINISTRATIVE PROVISIONS › § 3331. Preference for early vesting [For application of the section, see 83 Del. Laws, c. 271, § 1].

§ 3331. Preference for early vesting [For application of the section, see 83 Del. Laws, c. 271, § 1].
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;
2023 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, as provided in § 3340(1) through (3) of this title or otherwise, 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;  84 Del. Laws, c. 182, § 3;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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, and without limiting other ways in which a trust may be considered to be administered in this State, a trust is 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;  84 Del. Laws, c. 182, § 6;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 33. ADMINISTRATIVE PROVISIONS › § 3342. Modification of trust by consent while trustor is living.

§ 3342. Modification of trust by consent while trustor is living.
(a) Unless the trust's governing instrument expressly provides that the governing instrument may not be modified under this section, under a nonjudicial settlement agreement under § 3338 of this title or similar provision of law, or under a modification agreement, an irrevocable trust may be modified by the addition of a new provision or the modification of any existing provision—so long as such provision could have been included in the governing instrument of a trust were such trust created upon the date of the modification—by written consent or written nonobjection of all of the trust's trustors, all then serving fiduciaries and all beneficiaries having an interest in the trust, regardless of whether the modification may violate a material purpose of the trust; provided, however, that unless the trustor, or a person acting on behalf of the trustor, confirms in writing that the transfer in trust is an incomplete gift for federal gift tax purposes, neither a trustor nor, on behalf of a trustor, a guardian or an agent under a power of attorney, may represent and bind any beneficiary (other than the trustor) with respect to the modification, notwithstanding any provision in the governing instrument, or applicable law, that provides that the trustor may represent or bind 1 or more beneficiaries. A trustor's power to provide a written consent or written nonobjection to a trust's modification may be exercised:
(1) By an agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust's governing instrument; or
(2) If an agent under a power of attorney is not so authorized, by the guardian of the trustor's property (or similar court-appointed representative) with the approval of the court supervising the guardian (or similar representative).
(b) No fiduciary shall have a duty to consent to any proposed modification nor, absent wilful misconduct, have any liability to any person having an interest in the trust for failure to consent to any proposed modification.
(c) Any interested person, including the trustor, may bring a proceeding in the Court of Chancery to interpret, apply, enforce, or determine the validity of a modification adopted under this section, including but not limited to determining whether the representation as provided in § 3547 of this title was adequate; provided, however, that any such person may waive the right to contest the modification.
(d) This section shall apply to any trust administered under the laws of this State.
80 Del. Laws, c. 340, § 1;  81 Del. Laws, c. 149, § 1;  81 Del. Laws, c. 320, § 4;  82 Del. Laws, c. 52, § 1;  82 Del. Laws, c. 278, § 1;  83 Del. Laws, c. 69, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 33. ADMINISTRATIVE PROVISIONS › § 3344. Income tax reimbursement or payment.

§ 3344. Income tax reimbursement or payment.
(a) Unless the terms of the governing instrument expressly provide that a trustor may not be reimbursed by a trust for the trustor's personal income tax liability, if the trustor of a trust is treated under 26 U.S.C. § 671 et seq. as the owner of all or part of the trust, the trustee (other than a trustee who is the trustor or a person who is a “related or subordinate party” with respect to the trustor within the meaning of 26 U.S.C. § 672(c)) may, in the trustee's sole discretion, or at the direction or with the consent of an adviser (who is not the trustor or a person who is a “related or subordinate party” with respect to the trustor within the meaning of 26 U.S.C. § 672(c)), reimburse the trustor for any amount of the trustor's personal federal, state, county, metropolitan-region, city, local, foreign, or other income tax liability that is attributable to the inclusion of the trust's income, capital gains, deductions, and credits in the calculation of the trustor's taxable income. The trustee may pay such amount to the trustor directly or may pay such amount to an appropriate taxing authority on the trustor's behalf, as the trustee determines in the trustee's sole discretion. No policy of insurance on the trustor's life held in the trust nor the cash value of any such policy nor the proceeds of any loan secured by an interest in the policy may be used to reimburse the trustor or to pay an appropriate taxing authority on the trustor's behalf. Neither the trustee's power to make payments to, or for the benefit of, the trustor under this section, nor the trustee's decision to exercise such power in favor of the trustor, shall cause the trustor to be treated as a beneficiary of the trust for purposes of § 3536(c) of this title or for other purposes of Delaware law.
(b) The provisions of this section shall not apply if the application of this section would disqualify a trust for, or reduce the amount of, a marital or charitable deduction otherwise available to any person for state or federal income, gift, or estate tax purposes.
82 Del. Laws, c. 52, § 1;  83 Del. Laws, c. 69, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 34. Administrative Provisions [Transferred]. › § 3401-3411. Applicability of chapter; definitions; fiduciary agency contracts; cofiduciaries; general powers of trustee; specific powers of trustee; resignation of trustee; removal of trustee; limitation on personal liability of fiduciary; effect of no-contest provision; effect of survivorship requirement; preference for early vesting.

§§ 3401-3411. Applicability of chapter; definitions; fiduciary agency contracts; cofiduciaries; general powers of trustee; specific powers of trustee; resignation of trustee; removal of trustee; limitation on personal liability of fiduciary; effect of no-contest provision; effect of survivorship requirement; preference for early vesting.
Transferred to §§ 3321 through 3331 of this title by 74 Del. Laws, c. 82, § 7, effective June 30, 2003.
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter I. Appointment of Trustee by Court; Title of Appointee to Trust Property › § 3501. Appointment authorized; effect of execution of power by appointee.

§ 3501. Appointment authorized; effect of execution of power by appointee.
When any person or persons or any of such persons as may be the donee or donees of any power or powers under any trust are out of the jurisdiction of or not amenable to the process of the Court of Chancery or are mentally ill or it is uncertain whether such person or persons or any of such persons are living or dead, the Court of Chancery may, when in its discretion it may deem the objects and purposes of any such trust are in danger of not being performed or effectuated, appoint a person or persons to execute the power or powers under any such trust and such execution shall be made, by such person or persons so appointed, in the same manner and by the same method as shall be pointed out by the trust, whereby such power or powers were created. Such execution of any such power or powers by any person or persons so appointed shall be as effectual, to all intents and purposes, and with the same force and effect as if the same had been executed by such donee or donees. The Court of Chancery shall be satisfied that the beneficial interests of the donees or other beneficiaries under such trust are not by such action impaired.
21 Del. Laws, c. 122, §  1;  Code 1915, §  3863;  Code 1935, §  4387;  12 Del. C. 1953, §  3501;  49 Del. Laws, c. 57, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter I. Appointment of Trustee by Court; Title of Appointee to Trust Property › § 3502. Procedure for appointment of trustee.

§ 3502. Procedure for appointment of trustee.
The Court of Chancery may make any appointment or direction under § 3501 of this title, by an order made in any cause pending in that Court or upon petition of 1 or more of those interested in the trust or by the remaining or surviving donee or donees of any such power or powers. The Court of Chancery may, upon presentation of any such petition, take such testimony as it deems necessary to satisfy the Court that the granting of such petition will not impair the beneficial interest of any of the donees and other beneficiaries under such trust. Such testimony may be taken orally, at the bar of the Court, or by depositions.
21 Del. Laws, c. 122, §  2;  Code 1915, §  3864;  Code 1935, §  4388;  12 Del. C. 1953, §  3502;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter I. Appointment of Trustee by Court; Title of Appointee to Trust Property › § 3503. Appointment of trustee to convey realty; effect of conveyance by appointee.

§ 3503. Appointment of trustee to convey realty; effect of conveyance by appointee.
When any person seised of lands, tenements or hereditaments upon any trust is out of the jurisdiction of or not amenable to the process of the Court of Chancery or is mentally ill or it is uncertain where there were several trustees which of them was the survivor or it is uncertain whether the trustee last known to have been seised as aforesaid is living or dead or, if known to be dead, it is not known who are the trustee's heirs at law or if any trustee seised as aforesaid or the heirs at law of any such trustee neglect or refuse to convey such lands, tenements or hereditaments to the person entitled to receive such conveyance, for 20 days next after a proper deed for making such conveyance has been tendered for such person or their execution, by the person so entitled or the person's agent or attorney, the Court of Chancery for the county wherein such lands, tenements or hereditaments are situated may appoint a person to convey the same to such person and in such manner as the Court directs. Any conveyance so made shall be as effectual, to all intents and purposes, as if the same had been executed by the trustee or the trustee's heirs at law.
11 Del. Laws, c. 90, §  1;  Code 1915, §  3865;  Code 1935, §  4389;  12 Del. C. 1953, §  3503;  49 Del. Laws, c. 57, §  1;  70 Del Laws, c. 186,, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter I. Appointment of Trustee by Court; Title of Appointee to Trust Property › § 3504. Appointment of trustee to assign term of years; effect of assignment by appointee.

§ 3504. Appointment of trustee to assign term of years; effect of assignment by appointee.
When any person possessed of lands, tenements or hereditaments for a term of years upon trust is out of the jurisdiction or not amenable to the process of the Court of Chancery or it is uncertain whether the trustee last known to have possessed as aforesaid is living or dead or if any trustee or the executor of any such trustee neglects or refuses to assign such term to the person entitled to receive such assignment, for 20 days next after a proper legal instrument for making such assignment has been tendered for such person's execution by the person so entitled or such person's agent or attorney, the Court of Chancery for the county wherein such lands, tenements or hereditaments are situated may appoint a person to make such assignment to such person and in such manner as the Court directs. Any assignment so made shall be as effectual to all intents and purposes as if the same had been made by the trustee or the trustee's executor.
11 Del. Laws, c. 90, §  2;  Code 1915, §  3866;  Code 1935, §  4390;  12 Del. C. 1953, §  3504;  70 Del Laws, c. 186,, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter I. Appointment of Trustee by Court; Title of Appointee to Trust Property › § 3505. Appointment of trustee to transfer stock or collect and pay over dividends; effect of appointee's acts.

§ 3505. Appointment of trustee to transfer stock or collect and pay over dividends; effect of appointee's acts.
When any person in whose name as trustee or executor (either alone or together with the name of any other person) or in the name of whose testator (whether as trustee or beneficiary) any stock shall be standing or any other person who otherwise has power to transfer or join with any person in transferring any stock to which some other person is beneficially entitled is out of the jurisdiction or not amenable to the process of the Court of Chancery or it is uncertain whether such person is living or dead or if any such trustee or executor or other person neglects or refuses to transfer such stock or receive and pay over the dividends thereof to the person entitled to such stock or dividends, for 20 days next after request in writing by such person so entitled, the Court of Chancery may appoint a person to transfer such stock or to receive and pay over such dividends to the person entitled to the same. Such transfer, receipt or payment shall be as effectual to all intents and purposes as if made by such trustee, executor or other person.
11 Del. Laws, c. 90, §  3;  Code 1915, §  3867;  Code 1935, §  4391;  12 Del. C. 1953, §  3505;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter I. Appointment of Trustee by Court; Title of Appointee to Trust Property › § 3506. Appointment of trustee to convey, assign or transfer trust property from discharged or removed trustee to successor.

§ 3506. Appointment of trustee to convey, assign or transfer trust property from discharged or removed trustee to successor.
When any person who, having been discharged or removed from any trust by an order or decree of the Court of Chancery, neglects or refuses to convey, assign or transfer the subject matter of such trust to the person who has been appointed by such Court to be the trustee in lieu of the person so discharged or removed, the Court may, upon petition of the person appointed, order a conveyance, assignment or transfer of the subject matter of such trust to be made by a person by such order appointed for that purpose. Any conveyance, assignment or transfer so made shall be as effectual, to all intents and purposes, as if the same were made by the trustee so discharged or the trustee's heirs or executors.
11 Del. Laws, c. 90, §  5;  Code 1915, §  3869;  Code 1935, §  4393;  12 Del. C. 1953, §  3506;  70 Del Laws, c. 186,, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter I. Appointment of Trustee by Court; Title of Appointee to Trust Property › § 3507. Order of appointment.

§ 3507. Order of appointment.
The Court of Chancery shall make any appointment or direction under §§ 3503-3506 of this title by an order made in any case pending in that Court or upon petition of the person entitled to such conveyance, assignment, transfer or payment. When the title of the person claiming such conveyance, assignment, transfer or payment may require investigation or it otherwise appears improper to make an order for the same on petition, the Court may direct a complaint to be filed to establish the right.
11 Del. Laws, c. 90, §  4;  Code 1915, §  3868;  Code 1935, §  4392;  12 Del. C. 1953, §  3507;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter I. Appointment of Trustee by Court; Title of Appointee to Trust Property › § 3508. Appointment of fiduciary to receive benefits payable by the United States.

§ 3508. Appointment of fiduciary to receive benefits payable by the United States.
(a) Whenever any military or administrative body or agency of the government of the United States of America is authorized or directed to pay monetary benefits to any person and the said body or agency requires that a trustee or guardian be appointed by a court to receive such benefits, the Court of Chancery, upon the presentation of a petition drawn and executed in conformity with the rules of the Court, upon evidence satisfactory to the Court, shall appoint a trustee or guardian with authority to receive said moneys and all other property, and to disburse and account for the same in accordance with the rules and orders of the Court.
(b) There shall be no charge made by any public officer nor any costs taxed or allowed by the Court in any proceeding brought under this section or in subsequent proceedings brought by a fiduciary appointed under this section.
(c) A trustee or guardian appointed under this section shall be entitled to such reasonable expenses and compensation as the Court allows.
Code 1915, §  3869A;  31 Del. Laws, c. 64, §  1;  34 Del. Laws, c. 217, §  1;  Code 1935, §  4394;  12 Del. C. 1953, §  3508;  54 Del. Laws, c. 245.;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter I. Appointment of Trustee by Court; Title of Appointee to Trust Property › § 3509. Vesting of title to trust property in successor trustee.

§ 3509. Vesting of title to trust property in successor trustee.
Whenever the sole or surviving trustee dies or is removed or a trustee renounces a trust or a trust is created and no person is appointed by name or description to execute the same and whenever in such or any case a trustee shall be appointed by the Court of Chancery, then upon the giving by said trustee of the security required to be given by the trustee, all the trust property, estate and effects, of every kind whatsoever and wheresoever situate and being, shall forthwith and without any act or deed pass to and be vested in such new or succeeding trustee.
23 Del. Laws, c. 197, §  1;  Code 1915, §  3870;  Code 1935, §  4395;  12 Del. C. 1953, §  3509;  70 Del Laws, c. 186,, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter I. Appointment of Trustee by Court; Title of Appointee to Trust Property › § 3510. Vesting of title to trust realty in successor trustee appointed pursuant to trust instrument; deed of appointment.

§ 3510. Vesting of title to trust realty in successor trustee appointed pursuant to trust instrument; deed of appointment.
Whenever any trust of real estate has been or shall hereafter be created by deed or will duly recorded or proved within this State and such deed or will contains provisions for the appointment by deed or instrument of writing of new trustees, either by a surviving trustee or trustees or by any other person or persons designated in and by such deed or will, upon the due execution and acknowledgment of a deed of appointment by the proper party or parties, and its being filed for record in the office of the recorder of deeds in and for the county in which the land which is the subject of the trust is situated, the legal title to the lands so held in trust shall thereupon vest in such new trustee or trustees in the same manner and with the same effect, to all intents and purposes, as if such trustees had been originally appointed by the deed or will creating the trust and no conveyance shall be necessary to vest such title.
19 Del. Laws, c. 250, §  1;  Code 1915, §  3871;  Code 1935, §  4396;  12 Del. C. 1953, §  3510;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter II. Accounting and Distribution of Trust Funds › § 3521. Trustees' accounts in general.

§ 3521. Trustees' accounts in general.
Except as otherwise provided in §§ 3522-3524 of this title, trustees (which term, as used in this subchapter, includes successor trustees) shall not be required to file any accounts or inventories with respect to a trust. Trustees required, under §§ 3522-3524 of this title, to file accounts or inventories with respect to a trust shall do so as described in § 3525 of this title, unless later released from such obligation under § 3526 of this title.
79 Del. Laws, c. 352, §  4;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter II. Accounting and Distribution of Trust Funds › § 3522. Trustees' accounts for inter vivos trusts.

§ 3522. Trustees' accounts for inter vivos trusts.
Trustees of an inter vivos trust (whether or not property was bequeathed or devised to such trust by a testamentary disposition) shall not be required to file any accounts or inventories with respect to such trust, except:
(1) To the extent provided in the governing instrument;
(2) Upon an order of the Court of Chancery, for cause shown, expressly requiring an accounting by such trustees; or
(3) If such trustees were appointed by the Court of Chancery, then as may be otherwise provided in the order of appointment.
79 Del. Laws, c. 352, §  4;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter II. Accounting and Distribution of Trust Funds › § 3523. Trustees' accounts in wills probated prior to April 5, 1909.

§ 3523. Trustees' accounts in wills probated prior to April 5, 1909.
Trustees named in wills probated prior to April 5, 1909, may file and submit accounts of their trusts at such times as they deem necessary and they shall be required to file and submit accounts only upon a rule of the Register in Chancery issued upon them pursuant to the written request of anyone beneficially interested in their trusts or upon the order of the Court of Chancery.
25 Del. Laws, c. 226, §  2;  26 Del. Laws, c. 258, §  1;  Code 1915, §  3874;  40 Del. Laws, c. 232, §  1;  Code 1935, §  4400;  12 Del. C. 1953, §  3523;  79 Del. Laws, c. 352, §  4;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter II. Accounting and Distribution of Trust Funds › § 3524. Trustees' accounts for other testamentary trusts [For application of this section, see 80 Del. Laws, c. 153, § 5].

§ 3524. Trustees' accounts for other testamentary trusts [For application of this section, see 80 Del. Laws, c. 153, § 5].
(a) Trustees of a testamentary trust shall be required to file accounts as described in § 3525 of this title, except that:
(1) Trustees subject to § 3523 of this title shall file accounts only in accordance with such section.
(2) Trustees of a testamentary trust established under a will probated on or after April 5, 1909, but of a decedent dying on or before July 31, 2005, shall be required to file accounts as described in § 3525 of this title unless waived by express provision in such will, in which case such trustees shall be required to file such accounts only in accordance with the express terms, if any, of such will or upon order of the Court of Chancery with respect to any such trust.
(3) Trustees of a testamentary trust established under the will of a decedent dying after July 31, 2005, shall be required to file accounts as described in § 3525 of this title only in accordance with the express terms, if any, of any such trust or upon order of the Court of Chancery with respect to any such trust.
(b) [Repealed.]
79 Del. Laws, c. 352, §  4;  80 Del. Laws, c. 153, §  4;  81 Del. Laws, c. 320, § 5;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter II. Accounting and Distribution of Trust Funds › § 3525. Filing of trustees' accounts; contents; approval.

§ 3525. Filing of trustees' accounts; contents; approval.
(a) Trustees required to file accounts as provided in the governing instrument, or in an order of the Court of Chancery, shall file accounts as described in subsection (c) of this section only in accordance with the express terms, if any, of such governing instrument or order.
(b) Trustees otherwise required to file accounts under §§ 3523 and 3524 of this title shall file accounts as described in subsection (c) of this section.
(c) To the extent required in subsections (a) and (b) of this section above, trustees required to file accounts shall file with the Register in Chancery, in the county in which a will creating the trust was probated or in which such appointments were made, and submit for the approval of the Court of Chancery just and true accounts, showing all receipts and disbursements of their trusts, as the Court requires, but not oftener than once in 2 years, unless there is special occasion. Such accounts shall also show the manner in which the principal of the trust is invested. Upon the request of the trustee or of any party in interest the Court shall, and upon its own motion may, proceed to approve or disapprove the investments, but otherwise the Court shall approve or disapprove the remainder of the account without passing upon the manner in which the principal of the trust is invested.
25 Del. Laws, c. 226, §  2;  26 Del. Laws, c. 258, §  1;  Code 1915, §  3874;  40 Del. Laws, c. 232, §  1;  Code 1935, §  4400;  12 Del. C. 1953, §  3521;  51 Del. Laws, c. 326;  79 Del. Laws, c. 197, §  2;  79 Del. Laws, c. 352, §  4;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter II. Accounting and Distribution of Trust Funds › § 3527, 3527A. Total return unitrusts; express total return unitrusts.

§§ 3527, 3527A. Total return unitrusts; express total return unitrusts.
Transferred by 77 Del. Laws, c. 330, § 10, effective Aug. 1, 2010, to §§ 61-106 and 61-107 of this title.
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter III. General Provisions › § 3531. Renunciation by trustee named in trust instrument; filing and recording.

§ 3531. Renunciation by trustee named in trust instrument; filing and recording.
Whenever, by any will, deed or other instrument, a trustee is named and before the acceptance of the trust the person named as such trustee renounces and declines to perform the duties imposed thereby, the trustee may make and file in the office of the Register in Chancery of the county where such will, deed or instrument may be probated or recorded a written renunciation setting forth in general terms the instrument of appointment and that trustee has not accepted the trust or exercised any powers or performed any duties thereunder and trustee declines to act under such appointment. The Register in Chancery shall record and index such renunciation in the Chancery docket.
Code 1915, §  3871;  33 Del. Laws, c. 230, §  1;  Code 1935, §  4397;  12 Del. C. 1953, §  3531;  70 Del Laws, c. 186,, §  1;  77 Del. Laws, c. 98, §  14;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter III. General Provisions › § 3532. Transfer of stocks, bonds or other corporate securities by trustee; certificate of Register in Chancery.

§ 3532. Transfer of stocks, bonds or other corporate securities by trustee; certificate of Register in Chancery.
Upon the transfer by trustees of the stocks, bonds or other securities of any corporation, the certificate of the Register of the Court of Chancery in which such trustee was appointed or other proper public official, according to the form and provisions of § 1572 of this title, shall be sufficient authority to the officers of such corporation to transfer or reissue such stocks, bonds or other securities to such person as such trustee in writing directs.
20 Del. Laws, c. 115, §  5;  Code 1915, §  3878;  Code 1935, §  4402;  12 Del. C. 1953, §  3532;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter III. General Provisions › § 3533. Sale of trust property free from trust; procedure.

§ 3533. Sale of trust property free from trust; procedure.
Upon petition of any trustee having the legal title to any property, real, personal or mixed, setting forth that the sale and conversion thereof would be for the best interests of the trust estate and the persons beneficially interested in the trust, the Court of Chancery may, by order made thereon in its discretion, except where such sale or conversion has been prohibited by the instrument creating the trust, authorize and direct such trustee to sell the whole or so much as may be proper of such trust property and to transfer and convey the same to the purchaser thereof, absolutely and in fee simple, freed from any trust and without liability on the part of such purchaser as to the application of the purchase money. In cases where the sale or conversion of trust property has not been expressly prohibited by the instrument creating the trust, but the instrument provides that the trustee shall sell or convert only with the consent of 1 or more persons or makes the trustee's power of sale contingent on 1 or more persons joining in its exercise, the Court of Chancery may confer upon the trustee power to make the sale or conversion without such consent or without any 1 or more of such persons joining in the exercise of such power of sale if any 1 or more of the persons required to consent or to join in such exercise of the trustee's power of sale shall be a minor, non compos mentis, have died, unreasonably withhold consent or be absent and unheard of and in the opinion of the Court the sale or conversion is for the best interests of the trust estate and the persons beneficially interested therein. The proceeds of all sales made under the authority of this section shall be held under and subject to the same trusts as those to which the property sold was subject and, in cases where real property is to be sold, the trustee thereof shall first give sufficient bond, with surety to be approved by the Court, for the preservation and protection of the proceeds of such sales for the purposes of the trust and subject to the orders and decrees of the Court in the premises.
20 Del. Laws, c. 115, §  4;  Code 1915, §  3879;  Code 1935, §  4403;  47 Del. Laws, c. 382, §  1;  12 Del. C. 1953, §  3533;