Fabio
8.8 KiB
type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags
| type | title | description | jurisdiction | legislature | session | identifier | citation | classification | subjects | status | primary_sponsors | version_count | action_count | vote_count | first_action | last_action | source | source_identifier | source_url | source_hash | vintage | source_snapshot | retrieved_at | confidence | tags | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Bill | AN ACT TO AMEND TITLES 12 AND 25 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND FIDUCIARY RELATIONS AND PROPERTY. | Section 1 of the Act addresses statutes under Chapter 33 of Title 12 and (i) clarifies the definition of governing instrument in section 3301(e) to include cross-references to new section 3343; (ii) adds a definition of “published fee schedule” to section 3301(h) as a cross-reference to the schedule or formula required by section 3561 to be filed periodically with the Court of Chancery; (iii) clarifies that section 3303(a) permits a trustor within a governing instrument to vary laws concerning the terms of powers of appointment over trust property; (iv) revises section 3322 regarding the appointment of agents by fiduciaries and the delegation of trust powers to provide that the standard of care applicable to a fiduciary when performing duties delegated to an agent shall apply to the fiduciary when selecting and monitoring the agent (and not to the agent), and to permit trust beneficiaries to release the fiduciary from liability for future conduct in monitoring agents—all to correct inconsistencies and conform the law to prevailing practice; (v) clarifies that under subsection 28 of section 3325 (which already permits a division of a trust for any reason), division along family lines is permitted; (vi) clarifies that under section 3338, the requirement for “holders of powers” to join in nonjudicial settlement agreements includes both those who hold powers of appointment and those who hold powers to remove or appoint fiduciaries or nonfiduciaries; (vii) clarifies that section 3341’s provisions regarding the consequences of a merger also apply in the case of trust decantings under section 3328 where a new trust is not created; (viii) clarifies section 3342 (merely by setting off an existing phrase with dashes) that modification with the trustor’s consent is permitted so long as the provisions as modified could have been included in the trust’s governing instrument if the trust were created on the date of the modification; (ix) adds a new section 3343 providing that where a governing instrument authorizes appointment of a successor trustee, multiple trustees may be appointed and fiduciary duties may be allocated among them; and (x) adds a new section 3344 providing that with respect to grantor trusts under the Internal Revenue Code, certain trustees are deemed to have discretion to reimburse a trustor (i.e., the grantor) of such a trust for that trustor’s income tax liabilities attributable to that trust—but without making the trustor a beneficiary of the trust, and not if the provisions of this section would reduce a charitable deduction available to any person for federal or state income or transfer tax purposes. | us/states/de | Delaware General Assembly | 150 | HB 72 | Delaware HB 72 (150) |
|
enacted |
|
2 | 9 | 3 | 2019-03-08 | 2019-06-19 | openstates | ocd-bill/d75c9d0f-0519-4b4a-8184-99134428f444 | https://legis.delaware.gov/BillDetail?LegislationId=47179 | 3bf2b6d8d442345cd46ea332de359308c626f95396c1e15915c07447236506fc | 2026-07-01 | https://data.openstates.org/daily/2026-07-01/public.pgdump | 2026-07-06 | reported |
|
Delaware HB 72 (150) — AN ACT TO AMEND TITLES 12 AND 25 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND FIDUCIARY RELATIONS AND PROPERTY.
Section 1 of the Act addresses statutes under Chapter 33 of Title 12 and (i) clarifies the definition of governing instrument in section 3301(e) to include cross-references to new section 3343; (ii) adds a definition of “published fee schedule” to section 3301(h) as a cross-reference to the schedule or formula required by section 3561 to be filed periodically with the Court of Chancery; (iii) clarifies that section 3303(a) permits a trustor within a governing instrument to vary laws concerning the terms of powers of appointment over trust property; (iv) revises section 3322 regarding the appointment of agents by fiduciaries and the delegation of trust powers to provide that the standard of care applicable to a fiduciary when performing duties delegated to an agent shall apply to the fiduciary when selecting and monitoring the agent (and not to the agent), and to permit trust beneficiaries to release the fiduciary from liability for future conduct in monitoring agents—all to correct inconsistencies and conform the law to prevailing practice; (v) clarifies that under subsection 28 of section 3325 (which already permits a division of a trust for any reason), division along family lines is permitted; (vi) clarifies that under section 3338, the requirement for “holders of powers” to join in nonjudicial settlement agreements includes both those who hold powers of appointment and those who hold powers to remove or appoint fiduciaries or nonfiduciaries; (vii) clarifies that section 3341’s provisions regarding the consequences of a merger also apply in the case of trust decantings under section 3328 where a new trust is not created; (viii) clarifies section 3342 (merely by setting off an existing phrase with dashes) that modification with the trustor’s consent is permitted so long as the provisions as modified could have been included in the trust’s governing instrument if the trust were created on the date of the modification; (ix) adds a new section 3343 providing that where a governing instrument authorizes appointment of a successor trustee, multiple trustees may be appointed and fiduciary duties may be allocated among them; and (x) adds a new section 3344 providing that with respect to grantor trusts under the Internal Revenue Code, certain trustees are deemed to have discretion to reimburse a trustor (i.e., the grantor) of such a trust for that trustor’s income tax liabilities attributable to that trust—but without making the trustor a beneficiary of the trust, and not if the provisions of this section would reduce a charitable deduction available to any person for federal or state income or transfer tax purposes.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
Votes
- SM — 20–0 (pass) · upper
- SM — 40–0 (pass) · lower
- SM — 39–0 (pass) · lower
Sponsors
- Anthony Delcollo — primary (person)
- Bryan Townsend — primary (person)
- Krista Griffith — primary (person)
- Sean M. Lynn — primary (person)
- Stephanie L. Hansen — primary (person)
- Trey Paradee — primary (person)
- William Bush — primary (person)
- Brian Pettyjohn — cosponsor (person)
- Harris B. McDowell — cosponsor (person)
- Jeffrey N. Spiegelman — cosponsor (person)
- Kevin S Hensley — cosponsor (person)
- Lyndon D. Yearick — cosponsor (person)
- Michael Ramone — cosponsor (person)
- Quinton Johnson — cosponsor (person)
Timeline
The legislative action history — every referral, reading, and vote.
- 2019-03-08 Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House
introduction, referral-committee - 2019-03-13 Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 12 On Its Merits
committee-passage - 2019-03-19 Passed By House. Votes: 40 YES 1 ABSENT
passage - 2019-03-19 Assigned to Banking, Business & Insurance Committee in Senate
introduction, referral-committee - 2019-03-27 Reported Out of Committee (Banking, Business & Insurance) in Senate with 1 Favorable, 3 On Its Merits
committee-passage-favorable, committee-passage - 2019-06-11 Amendment SA 1 to HB 72 - Passed By Senate. Votes: 20 YES 1 ABSENT
amendment-passage - 2019-06-11 Passed By Senate. Votes: 20 YES 1 ABSENT
passage - 2019-06-13 Passed By House. Votes: 39 YES 2 ABSENT
passage - 2019-06-19 Signed by Governor
executive-signature
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/d75c9d0f-0519-4b4a-8184-99134428f444. Confidence: reported (aggregated from official Delaware legislature records).