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Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

12 Del. C. § 3544: Successor trustee.

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Where this section sits in the code
  1. Title 12. Decedents’ Estates and Fiduciary Relations
  2. Fiduciary Relations
  3. CHAPTER 35. Trusts
  4. Subchapter III. General Provisions

Unless provided otherwise by the terms of the governing instrument or by order of court, in the absence of actual knowledge of a breach of trust, or information concerning a possible breach of trust that would cause a reasonable person to inquire, a successor trustee appointed in accordance with the terms of the governing instrument, by the court, or by nonjudicial settlement agreement, is under no duty to examine the accounts and records of a predecessor trustee, is under no duty to inquire into or confirm the validity of a governing instrument or actions by a predecessor trustee altering or modifying a governing instrument or to inquire into the acts or omissions of its predecessor, is not liable for any failure to seek redress for any act or omission of any predecessor trustee, shall have responsibility only for property which is actually delivered to it by its predecessor, and shall have all of the powers and discretions conferred in the governing instrument upon the original trustee.

Collected 2026-09-05T23:02:15Z. Source file · JSON

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