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DE SB156
Bill
Status
2/25/2014
Primary Sponsor
Bryan Townsend
Click for details
AI Summary
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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
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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
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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
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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
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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