DE HB103

Expands the definition of "fiduciary" to include enforcers of purpose trusts (trusts without charitable purposes but with declared purposes) who act in a fiduciary capacity, and clarifies that enforcers not acting in such capacity are nonfiduciaries

Clarifies that beneficiaries with discretionary interests in trusts cannot compel distributions, as such interests are mere expectancies rather than property rights, though beneficiaries retain the ability to sue for abuse of discretion

Allows trustees and other officeholders to resign through trust modification by consent (§ 3342) or nonjudicial settlement agreement (§ 3338), reducing the need for court petitions when governing instruments are silent on resignation procedures

Updates purpose trust law by defining "enforcer," allowing governing instruments to grant exclusive standing to enforce trust terms, subjecting enforcers to Delaware personal jurisdiction, and permitting enforcers to act as "interested persons" for nonjudicial settlements when no identifiable beneficiaries exist

Clarifies that when one spouse makes a gift in trust for the other spouse, the donee spouse's interest is not considered marital property for divorce purposes unless the trust agreement expressly provides otherwise