Delaware Certificate of Trust for Successor Trustee

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Multi-State
Control #:
US-01183BG-4
Format:
Word; 
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Description

A certificate of trust is a shortened version of a trust that verifies the trust's existence, explains the powers given to the trustee, and identifies the successor trustee(s).
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FAQ

§ 3586. Reliance on governing instrument. A trustee who acted in good faith reliance on the terms of a written governing instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance. 72 Del.

§ 3591. Certification of trust. (7) The manner in which title to trust property may be taken. (b) A certification of trust must be in the form of an acknowledged writing and may be signed by any trustee.

§ 3806. Management of statutory trust. (a) Except to the extent otherwise provided in the governing instrument of a statutory trust, the business and affairs of a statutory trust shall be managed by or under the direction of its trustees.

So, why is everyone talking about Delaware trusts? to modify the duty to diversify trust investment, and to permit the trustee to hold high risk portfolios, closely held business interests, and overly concentrated stock positions in the stock of family businesses gone public without fear of liability.

§ 8106 (providing a three year limitations period for fiduciary duty and fraud actions); 6 Del.

§ 3536. Rights of creditors and assignees of beneficiary of trust [For application of this section, see 79 Del. Laws, c. 172, § 6].

If the trust is to be totally silent for the particular period, the trust should contain very broad language ? e.g., the trustee shall not notify the beneficiaries of any information regarding the trust, including without limitation, statements, the existence of the trust, the beneficiary's interest in the trust, any ...

381, §§ 4-7; § 3807. Trustee in State; registered agent. (a) Every statutory trust shall at all times have at least 1 trustee which, in the case of a natural person, shall be a person who is a resident of this State or which, in all other cases, has its principal place of business in this State.

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Delaware Certificate of Trust for Successor Trustee