reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter III. General Provisions › § 3534. Notice procedure.

§ 3534. Notice procedure.
Except as may be expressly provided in the trust instrument to the contrary, the following shall apply to any trust the administration of which is governed by this title:
(1) Except for service or notice pursuant to a judicial proceeding whereby such matters are covered by an applicable court rule, any notice of, or communication pertaining to, a trust by a fiduciary of such trust to a beneficiary, other fiduciary or other person having an interest in the trust pursuant to the express terms of the trust instrument or by any such person to a fiduciary, including without limitation notice required under § 3312 of this title, may be given to such person, such person's designated representative under § 3339 of this title, or such person's representative under § 3547 of this title:
a. By regular U.S. mail or commercial carrier to the mailing address reasonably determined to be such person's address;
b. By facsimile telecommunication to a number at which such person last consented to receive notice;
c. By electronic mail to an electronic mail address at which such person last consented to receive notice;
d. By a posting on an electronic network, provided notice of such posting is delivered to such person;
e. By any other form of electronic transmission as to which such person last consented to receive notice;
f. By regular U.S. mail or commercial carrier to the address at which such person last consented to receive notice; or
g. By such other manner reasonably suitable under the circumstances and likely to result in receipt.
(2) Notwithstanding any other provision of this Code or other law, a trustee shall have no duty to confirm the reliability of an approved address, and, without creating such a duty, a trustee may withhold notice, including to an approved address, while it exercises reasonable diligence to obtain confirmation that it has a reliable address for such person.
(3) Any person may waive in writing the right to receive notice of a trust or other communications pertaining to a trust, and may thereafter rescind such waiver in writing delivered to the trustee. A trustee without actual notice to the contrary may rely on the representation of a predecessor trustee or a co-trustee pertaining to a waiver or rescission.
(4) For purposes of this section:
a. A “commercial carrier” shall mean a carrier authorized by the United States Department of the Treasury to deliver notices or returns for purposes of satisfying delivery under the Internal Revenue Code.
b. The term “electronic transmission” shall mean any form of communication, not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process.
78 Del. Laws, c. 117, §  8;  83 Del. Laws, c. 343, § 1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter III. General Provisions › § 3535. Powers of appointment, rule against perpetuities and restraints on alienation.

§ 3535. Powers of appointment, rule against perpetuities and restraints on alienation.
The validity of an estate or interest in property created through the exercise of a power of appointment shall, for the purposes of any rule or law against perpetuities, remoteness of vesting, restraint upon the power of alienation or accumulations, be governed by Chapter 5 of Title 25.
12 Del. C. 1953, §  3535;  77 Del. Laws, c. 330, §  11;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter III. General Provisions › § 3537. Conveyance of realty by infant trustee.

§ 3537. Conveyance of realty by infant trustee.
Any person under the age of 18 years, having real estate in trust for others, may, by direction of the Court of Chancery given upon hearing all parties concerned on the petition of those for whom such infant is trustee or of the guardian of such infant, convey and assure such real estate, in such manner as the Court directs, to any other person. Such conveyance shall be as good and effectual in law as if the infant was of full age. Such infant may be compelled to execute such order, in like manner as trustees of full age are compellable to convey or assure trust estates.
Code 1852, §  1947;  Code 1915, §  3862;  Code 1935, §  4386;  12 Del. C. 1953, §  3537;  58 Del. Laws, c. 511, §  16;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter III. General Provisions › § 3538. Testamentary trusts; certification of by Register of Wills to Register in Chancery; record.

§ 3538. Testamentary trusts; certification of by Register of Wills to Register in Chancery; record.
(a) When a will that has been probated before the Register of Wills for any of the counties of the State contains a bequest or devise in trust to pay the income arising from any part of the estate of the testator to or for the benefit of a person other than the person named as trustee and the will requires the filing of accounts with 1 of the Registers in Chancery, the Register of Wills before whom the probate is made shall, within 10 days after the closing of the estate, deliver to the Register in Chancery for that county a certificate setting forth the name and last address of the testator, the date of the probate of the testator's will, the name and address of the trustee appointed thereby and the provisions of the will relating to said trust or trusts. This section shall apply only in those instances:
(1) Where the documents closing the estate show a balance in the hands of the personal representative that can be distributed to the trust in order to fund it; and
(2) That terms exist, as stated in the will, for the creation of the trust.
In those instances where it is clear that no notice of the trust need be given to the Register in Chancery, the Register of Wills shall note on its files that no notice of the trust was given to it and state why.
(b) The Register in Chancery for the several counties shall keep a record in which shall be entered the names of the testators, the names and post-office addresses of the trustees, the dates of their appointment or the dates upon which their trusts become operative and the dates on which their accounts are passed and shall file the certificates delivered to them by the Register of Wills among the records of their offices.
25 Del. Laws, c. 226, §  1;  Code 1915, §  3873;  Code 1935, §  4399;  12 Del. C. 1953, §  3538;  70 Del Laws, c. 186,, §  1;  75 Del. Laws, c. 189, §  3;  77 Del. Laws, c. 98, §  17;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter III. General Provisions › § 3539. Charitable trust; sale of timber on lands; application of proceeds.

§ 3539. Charitable trust; sale of timber on lands; application of proceeds.
The Court of Chancery may, when in its judgment the exercise thereof will promote the interests of the charity, direct wood or timber growing on land conveyed or devised for charitable uses to be cut and sold and the proceeds applied to repairs or the purchase of lime or other manures and making other improvements of such real estate. This section shall apply only to cases where the whole interest in the land is the subject of charitable uses.
Code 1852, §  1948;  Code 1915, §  3881;  Code 1935, §  4405;  12 Del. C. 1953, §  3539;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter III. General Provisions › § 3540. Powers and duties of certain trustees.

§ 3540. Powers and duties of certain trustees.
All trustees of any trust governed by the laws of this State whose governing instrument or instruments do not expressly provide that this section shall not apply to such trust are required to act or to refrain from acting so as not to subject the trust to the taxes imposed by §§ 4941 (relating to taxes on self-dealing), 4942 (relating to taxes on failure to distribute income), 4943 (relating to taxes on excess business holdings), 4944 (relating to taxes on investments which jeopardize charitable purpose) or 4945 (relating to taxable expenditures) of the Internal Revenue Code of 1954 [26 U.S.C. §§ 4941-4945], or corresponding provisions of any subsequent United States internal revenue law.
12 Del. C. 1953, §  3540;  58 Del. Laws, c. 88.;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter III. General Provisions › § 3541. Administration of charitable trusts or noncharitable purpose trusts; cy pres rule.

§ 3541. Administration of charitable trusts or noncharitable purpose trusts; cy pres rule.
(a) Notwithstanding any other provision of this Code or other law, a trust having any religious, charitable, scientific, literary or educational purpose (collectively, hereinafter referred to as a “charitable purpose”) or a noncharitable purpose shall not be modified to alter or eliminate such purpose except pursuant to § 3342 of this title or pursuant to this section. Subject to subsection (b) of this section, if a particular charitable purpose or noncharitable purpose becomes unlawful under the Constitution of this State or the United States or the trust would otherwise no longer serve any charitable or noncharitable purpose:
(1) The trust does not fail in whole or in part;
(2) The trust property does not revert to the trustor or the trustor's successors in interest; and
(3) The Court of Chancery shall modify or terminate the trust and direct that the trust property be applied or distributed, in whole or in part, in a manner consistent with the trustor's charitable or noncharitable purposes, whether or not such purposes be specific or general.
(b) The power of the Court of Chancery to modify or terminate a charitable or noncharitable purpose trust, as provided in subsection (a) of this section, is in all cases subject to a contrary provision in the terms of the trust instrument, whether such contrary provision directs that the trust property be distributed to a charitable or noncharitable beneficiary.
(c) For purposes of this section, a “noncharitable purpose” is a purpose within the meaning of § 3555 or § 3556 of this title.
62 Del. Laws, c. 131, §  1;  70 Del Laws, c. 186,, §  1;  72 Del. Laws, c. 388, §  8;  76 Del. Laws, c. 90, §  6;  76 Del. Laws, c. 254, §  10;  81 Del. Laws, c. 149, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter III. General Provisions › § 3543. Distribution of estate or trust assets without creation of trust.

§ 3543. Distribution of estate or trust assets without creation of trust.
If the terms of a will or a writing creating a trust, including, but not limited to an inter vivos trust agreement, provide for the establishment of a trust all the assets of which, due to the circumstances existing at the time the trust is to be established, are required to be distributed to the trust's beneficiary or beneficiaries immediately, the executor, trustee, or other party having possession of the property with which such trust will be established, is authorized to make direct distribution to the beneficiary or beneficiaries of the trust, rather than to the trustee, without the necessity of a Court petition. The receipts of such beneficiaries shall protect the executor, trustee, or other party having possession of the property with which such trust would be established, to the same extent as the receipt of the trustee.
65 Del. Laws, c. 422, §  7;  76 Del. Laws, c. 90, §  7;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter III. General Provisions › § 3544. Successor trustee.

§ 3544. Successor trustee.
Unless provided otherwise by the terms of the governing instrument or by order of court, in the absence of actual knowledge of a breach of trust, or information concerning a possible breach of trust that would cause a reasonable person to inquire, a successor trustee appointed in accordance with the terms of the governing instrument, by the court, or by nonjudicial settlement agreement, is under no duty to examine the accounts and records of a predecessor trustee, is under no duty to inquire into or confirm the validity of a governing instrument or actions by a predecessor trustee altering or modifying a governing instrument or to inquire into the acts or omissions of its predecessor, is not liable for any failure to seek redress for any act or omission of any predecessor trustee, shall have responsibility only for property which is actually delivered to it by its predecessor, and shall have all of the powers and discretions conferred in the governing instrument upon the original trustee.
65 Del. Laws, c. 422, §  7;  66 Del. Laws, c. 376, §  1;  79 Del. Laws, c. 352, §  4;  82 Del. Laws, c. 52, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter III. General Provisions › § 3546. Limitation on action contesting validity of trusts [For application of this section, see 80 Del. Laws, c. 153, § 5].

§ 3546. Limitation on action contesting validity of trusts [For application of this section, see 80 Del. Laws, c. 153, § 5].
(a) A judicial proceeding to contest whether a revocable trust or any amendment thereto, or an irrevocable trust was validly created may not be initiated later than the first to occur of:
(1) One hundred twenty days after the date that the trustee notified in writing the person who is contesting the trust of the trust's existence, of the trustee's name and address, of whether such person is a beneficiary, and of the time allowed under this section for initiating a judicial proceeding to contest the trust provided, however, that no trustee shall have any liability under the governing instrument or to any third party or otherwise for failure to provide any such written notice. For purposes of this paragraph (a)(1), notice shall have been given when sent to the person to whom the notice was given. Absent evidence to the contrary, it shall be presumed that notice was received by the person 7 days after it was sent to such person in accordance with § 3534 of this title;
(2) Two years after the trustor's death;
(3) If the trust was revocable at the trustor's death and the trust was specifically referred to in the trustor's last will, the time in which a petition for review of a will could be filed under this title; or
(4) The date the person's right to contest was precluded by adjudication, consent or other limitation.
(b) Upon the death of the trustor of a trust that was revocable at the time of the trustor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. This distribution may be made without liability unless the trustee has actual knowledge of a pending judicial proceeding to contest the validity of the trust, or is notified by a potential contestant of a possible contest, followed by its initiation within 30 days of such notice.
(c) Until a contest is barred under subsection (a) of this section, a beneficiary of what later turns out to have been an invalid trust is liable to return any distribution received.
(d) For purposes of paragraph (a)(1) of this section, a person is deemed to have been given any notice that has been given to any other person who under § 3547 of this title may represent and bind such person.
72 Del. Laws, c. 388, §  2;  74 Del. Laws, c. 81, §  5;  75 Del. Laws, c. 97, §  7;  78 Del. Laws, c. 117, §  9;  79 Del. Laws, c. 197, §  2;  80 Del. Laws, c. 153, §  4;  81 Del. Laws, c. 149, § 2;  83 Del. Laws, c. 343, § 4;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter III. General Provisions › § 3549. Marital deduction gift; compliance with Internal Revenue Code; fiduciary powers.

§ 3549. Marital deduction gift; compliance with Internal Revenue Code; fiduciary powers.
(a) If a governing instrument contains a marital deduction gift, the governing instrument shall be construed to comply with the marital deduction provisions of the Internal Revenue Code in every respect.
(b) If a governing instrument contains a marital deduction gift, any fiduciary operating under the governing instrument has all the powers, duties, and discretionary authority necessary to comply with the marital deduction provisions of the Internal Revenue Code. The fiduciary shall not take any action or have any power that may impair that deduction, but this does not require the fiduciary to make the election under § 2056(b)(7) or § 2523(f) of the Internal Revenue Code [26 U.S.C. § 2056(b)(7) or § 2523(f)].
(c) For purposes of this section, “marital deduction gift” means a gift intended to qualify for the marital deduction as indicated by a preponderance of the evidence including the governing instrument and extrinsic evidence whether or not the governing instrument is found to be ambiguous.
(d) For purposes of this section, “Internal Revenue Code” means the Internal Revenue Code of 1986 (26 U.S.C. § 1 et seq.), as amended, or any corresponding federal tax statute enacted hereafter.
76 Del. Laws, c. 90, §  9;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter III. General Provisions › § 3550. Electronic execution of documents.

§ 3550. Electronic execution of documents.
(a) If otherwise validly executed, the following documents may be executed in accordance with the Uniform Electronic Transaction Act, Chapter 12A of Title 6:
(1) A governing instrument or other document—other than a will or codicil—described in §§ 3325(29), 3338, 3342, 3343, 3528, or 3545 of this title.
(2) The resignation, removal, appointment, or acceptance of appointment of any trustee, any adviser or protector as described in § 3313(a) of this title, or of any designated representative described in § 3339 of this title.
(3) A consent, release, ratification, or indemnification described in § 3588 of this title.
(4) Any other document addressed by Chapters 33 and 35 of this title to the extent it is not excluded from the scope of Chapter 12A of Title 6 under § 12A-103(a) of Title 6.
(b) Notwithstanding any provision of Chapter 12A of Title 6 to the contrary, the documents under subsection (a) of this section are deemed to be a “transaction” within the meaning of § 12A-102 of Title 6 and are within the scope of § 12A-103 of Title 6.
83 Del. Laws, c. 69, § 3;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter IV. Trusts for Cemeteries and Other Noncharitable Purposes › § 3551. Burial lots; perpetuities.

§ 3551. Burial lots; perpetuities.
(a) Any owner of any burial lot or plot in any cemetery in this State, whether or not there shall then have been an interment in the lot or plot, may convey it in trust to the corporation owning or maintaining the cemetery or to any trust company, bank or banking company of this State or to any bank or banking company organized under the laws of the United States and doing business in this State and such corporation, trust company, bank or banking company may hold the title thereto in perpetuity or for any shorter time for the use and benefit of the owner of the lot or plot and for the protection of the bodies theretofore interred therein or which may thereafter be interred therein, pursuant to the terms of the deed of trust. Before any such conveyance shall be made the corporation owning or conducting the cemetery in which the lot or plot is located shall, by a resolution of its board of directors or managers passed at a regular meeting of the board, authorize the conveyance.
(b) A trust for the care and maintenance of any burial lot or cemetery plot, or for the construction or maintenance of any monument, marker or other additions thereto, is valid.
40 Del. Laws, c. 223, §  1;  Code 1935, §  3964;  12 Del. C. 1953, §  3551;  75 Del. Laws, c. 301, §  2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter IV. Trusts for Cemeteries and Other Noncharitable Purposes › § 3552. Powers of cemetery corporation as to trust funds.

§ 3552. Powers of cemetery corporation as to trust funds.
Any corporation created and existing under the laws of this State and owning 1 or more cemeteries in this State may take and hold, in perpetuity or for any shorter time, any real or personal property which shall be given, granted, devised or bequeathed to the corporation upon the trust to invest and reinvest the property and to use and apply the income thereof for:
(1) The care, improvement or embellishment of such cemetery or cemeteries or of any 1 or more lot or lots therein; or
(2) The erection or preservation of any buildings, structures or fences erected or to be erected upon any 1 or more of the lot or lots in the cemetery or cemeteries; or
(3) The erection, repair, preservation or renewal of any tomb, tombstone, monument, gravestone, mausoleum, fence, railing or other erection in, on or around any lot or lots; or
(4) Planting and cultivating trees, shrubs, flowers or plants in, on or around any such lot or lots; or
(5) Any and all of such purposes, in accordance with the terms and provisions of such gift, grant, devise or bequest, which terms and provisions may restrict the use and application of the income of the trust fund to any 1 lot whether owned by the donor of the trust fund or by any other person or persons.
40 Del. Laws, c. 222, §  1;  Code 1935, §  3964;  12 Del. C. 1953, §  3552;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter IV. Trusts for Cemeteries and Other Noncharitable Purposes › § 3553. Sale of real estate and proceeds.

§ 3553. Sale of real estate and proceeds.
Any real estate given, granted or devised to a cemetery corporation in trust, in accordance with § 3552 of this title, other than a lot or lots in the cemetery or cemeteries, may be sold and conveyed by the cemetery corporation at its discretion and the proceeds thereof shall be held under the same uses and trusts and subject to the same limitations as applied to the real estate before the sale thereof, but the donor of the real estate may provide otherwise in the trust instrument.
40 Del. Laws, c. 222, §  2;  Code 1935, §  3964;  12 Del. C. 1953, §  3553;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter IV. Trusts for Cemeteries and Other Noncharitable Purposes › § 3554. Perpetual care burial lots.

§ 3554. Perpetual care burial lots.
(a) Whenever a person, partnership or corporation engaged in the business of selling burial lots with perpetual care for profit shall sell any burial lot with perpetual care, it shall deposit in a bank and trust company, trust company or national banking association having fiduciary powers, a sum equal to at least 1/10 of the gross sales price of such lot as a permanent lot care fund for the maintenance of burial lots sold with perpetual care and shall designate such banking institution as trustee of such fund. The permanent lot care fund so established shall be invested in compliance with Chapter 33 of this title and the trustee shall pay at least semiannually the net income from the fund to the person, partnership or corporation for the perpetual care and preservation of the burial lots sold with perpetual care.
(b) Any person, partnership or corporation engaged in the business of selling burial lots shall keep a record of all sales of burial lots showing the name of the purchaser or lessee, whether such lot was sold with perpetual care and the gross sales price. Such records shall be made available to the Attorney General of this State for inspection.
12 Del. C. 1953, §  3554;  55 Del. Laws, c. 397;  65 Del. Laws, c. 341, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter IV. Trusts for Cemeteries and Other Noncharitable Purposes › § 3555. Trust for care of an animal.

§ 3555. Trust for care of an animal.
(a) A trust for the care of 1 or more specific animals living at the trustor's death is valid. The trust terminates upon the death of all animals living at the trustor's death and covered by the terms of the trust.
(b) A trust authorized by subsection (a) of this section shall not be invalid because it lacks an identifiable person as beneficiary.
(c) A trust authorized by subsection (a) of this section may be enforced by a person appointed in the terms of the trust or, if there is no such person or if the last such person no longer is willing and able to serve, by a person appointed by the Court of Chancery. A person who has an interest in the welfare of the animal or animals other than a general public interest may petition the Court of Chancery for an order that appoints a person to enforce the terms of the trust or to remove that person.
(d) Property of a trust authorized by this section may be applied only to its intended use. Upon the termination of the trust, any property of the trust remaining shall be distributed in accordance with the terms of the trust or, in the absence of such terms, as provided in § 3592 of this title.
(e) In the case of a trust created in accordance with subsection (a) of this section, a trustor or other owner of an animal for whose benefit the trust was created may transfer ownership of the animal to the trustee at or subsequent to the creation of the trust. Subject to any contrary provision in the trust or other instrument by which ownership of the animal is given or bequeathed, if the person to whom ownership of the animal is given or bequeathed disclaims or releases such ownership, ownership of the animal shall pass to the trustee upon such disclaimer or release.
(f) The trustee of a trust created in accordance with subsection (a) of this section shall provide care for the benefit of the animal in accordance with the terms of the trust or, in the absence of any such terms, shall provide care that is reasonable under the circumstances. The trustee may employ agents or contractors to provide any such care and pay for such care from the assets of the trust.
(g) For purposes of this section, the term “animal” shall include any nonhuman member of the animal kingdom but shall exclude plants and inanimate objects.
75 Del. Laws, c. 301, §  3;  76 Del. Laws, c. 254, §  11;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 35. TRUSTS › Subchapter IV. Trusts for Cemeteries and Other Noncharitable Purposes › § 3556. Trust for other noncharitable purposes.

§ 3556. Trust for other noncharitable purposes.
(a) In addition to the provisions of § 3555 of this title, a trust for a declared purpose that is not impossible of attainment is valid notwithstanding that the trust might not be deemed to be for charitable purposes.
(b) A trust authorized by subsection (a) of this section shall not be invalid because it lacks an identifiable person as beneficiary.
(c) A trust authorized by subsection (a) of this section may be enforced by a person appointed in the terms of the trust or, if there is no such person or if the last such person no longer is willing and able to serve, by a person appointed by the Court of Chancery. A person who has an interest in the declared purpose of the trust other than a general public interest may petition the Court of Chancery for an order that appoints a person to enforce the terms of the trust or to remove that person.
(d) Property of a trust authorized by this section may be applied only to its intended use. Upon the termination of the trust, any property of the trust remaining shall be distributed in accordance with the terms of the trust or, in the absence of such terms, as provided in § 3592 of this title.
76 Del. Laws, c. 254, §  12;
2023 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;
2023 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;
2023 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 Magistrate to hear and determine the matters raised by such petition and any answer thereto. Proceedings before such Magistrate shall be in conformance with the Rules of the Court of Chancery. The final report of the Magistrate 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 Magistrate, 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 Magistrate, 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;  84 Del. Laws, c. 101, § 14;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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.
2023 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;
2023 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;