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DE SB155

Bill

Status

Passed

2/25/2014

Primary Sponsor

Bryan Townsend

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Origin

Senate

147th General Assembly

AI Summary

  • Amends Delaware's Qualified Dispositions in Trust Act to clarify that a transferor cannot serve as trustee of a trust to maintain qualified disposition status, though they may serve as an investment adviser under specific conditions.

  • Permits transfers to trusts to qualify as "qualified dispositions" even when the transferor retains a limited lifetime power of appointment or a lifetime general power of appointment restricted to reimbursing the transferor for income taxes attributable to trust income.

  • Clarifies that a transferor's right to remove and replace trustees and advisers includes the right to appoint additional trustees and advisers.

  • Corrects cross-references to align with Treasury Regulations regarding qualified personal residence trusts and grantor-retained annuity trusts as permissible qualified dispositions.

  • Revises Section 3592 to ensure that incomplete disposition of trust assets does not prevent a transfer from qualifying as a qualified disposition under Delaware asset protection trust law.

Legislative Description

An Act To Amend Title 12 Of The Delaware Code Relating To Fiduciary Relations

Last Action

Signed by Governor

2/25/2014

Committee Referrals

Economic Development/Banking/Insurance/Commerce1/16/2014
Banking1/8/2014

Full Bill Text

No bill text available