Loading chat...

DE HB164

Bill

Status

Passed

6/30/2021

Primary Sponsor

William Bush

Click for details

Origin

House of Representatives

151st General Assembly

AI Summary

  • Clarifies that discretionary interests in trusts are not property rights and cannot be directly compelled by creditors, except as expressly granted in the trust instrument.

  • Expands resignation and removal provisions to apply to all trust officeholders (trustees, advisers, designated representatives), not just trustees, and allows other officeholders to petition for removal.

  • Establishes a designated representative role for trusts with defined appointment methods and purposes, including representing minor, incapacitated, unborn, or unknown beneficiaries in nonjudicial matters.

  • Permits trusts to be modified by written consent of all trustees, fiduciaries, and beneficiaries, and allows trustees to reimburse trustors for income tax liability attributable to the trust (unless the governing instrument prohibits it).

  • Allows electronic execution of trust documents and related instruments under Delaware's Uniform Electronic Transactions Act and applies all amendments retroactively to trusts created at any time.

Legislative Description

An Act To Amend Titles 6 And 12 Of The Delaware Code Relating To Decedents Estates And Trusts.

Last Action

Signed by Governor

6/30/2021

Committee Referrals

Banking, Business & Insurance6/8/2021
Economic Development/Banking/Insurance & Commerce4/29/2021

Full Bill Text

No bill text available