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DE SB83

Bill

Status

Passed

7/13/2011

Primary Sponsor

Edward Bennett

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Origin

Senate

146th General Assembly

AI Summary

  • Exempts life insurance contracts and annuity contracts from execution or attachment to the same extent as retirement plan assets under Title 10, Chapter 49.

  • Clarifies that "wrongdoing" in fiduciary relations means malicious conduct or conduct designed to defraud or seek an unconscionable advantage, and permits valuation of non-publicly traded trust investments as an investment decision.

  • Allows tenancy by the entireties property conveyed to revocable trusts by spouses to retain its character even if conveyed to different trusts, with creditor remedies limited to transferring property back to the spouses.

  • Reorganizes and expands Section 3528 to permit trustee authority to appoint trust principal to second trusts with proper beneficiaries, including provisions for open classes of beneficiaries and powers of appointment.

  • Establishes new notice procedures for trust communications (Section 3534) allowing multiple delivery methods including mail, electronic mail, and facsimile with consent, and effective August 1, 2011 except Section 5 which is effective January 1, 2010.

Legislative Description

An Act To Amend Titles 10, 12, 18 And 25 Of The Delaware Code Relating To Judicial Procedure, Fiduciary Relations, Insurance And Property.

Last Action

Signed by Governor

7/13/2011

Committee Referrals

Economic Development/Banking/Insurance/Commerce6/16/2011
Judiciary5/31/2011

Full Bill Text

No bill text available