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DE SB156

Bill

Status

Passed

2/25/2014

Primary Sponsor

Bryan Townsend

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Origin

Senate

147th General Assembly

AI Summary

  • Clarifies that governing instruments may explicitly designate trust advisers and protectors to act in a nonfiduciary capacity, rather than the previous default assumption of fiduciary status

  • Allows trustees to be released from mandatory Court of Chancery accounting requirements if all interested parties (trustor, current beneficiaries, remainder beneficiaries, and advisers/protectors) provide written waivers with proper notice and acknowledgment

  • Specifies that waivers of accounting obligations remain effective for the duration of the trust unless a shorter period is specified or a court orders otherwise

  • Clarifies that trust terms take precedence over the default rule requiring fiduciaries to verify equivalent value when a trustor exercises a power to substitute property

  • Establishes that notice given to a representative under Delaware's virtual representation statute constitutes notice to the persons that representative may bind for purposes of trust contest limitations

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