Delaware Code
12 Del. C. § 3306 (2026)
Deviation from terms of instrument
✓ current as of May 2026
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Subject to the provisions of § 3303 of this title, nothing contained in this chapter shall be construed as restricting the power of a court of proper jurisdiction to permit fiduciaries to deviate from the terms of any will, agreement or other instrument relating to the acquisition, investment, reinvestment, exchange, retention, sale or management of fiduciary property.
25 Del. Laws, c. 226, § 3; Code 1915, § 3875; 37 Del. Laws, c. 259, § 1; 40 Del. Laws, c. 230, § 1; Code 1935, § 4401; 44 Del. Laws, c. 171, § 1; 12 Del. C. 1953, § 3306; 76 Del. Laws, c. 254, § 4;Notes of Decisions
Cited in 3
cases, 1968–2015 · leading case: Bank of Delaware v. Clark, 249 A.2d 442 (Del. Ch. 1968).
Bank of Delaware v. Clark, 249 A.2d 442 (Del. Ch. 1968). “Since I am satisfied that that theory has been followed in Delaware and is particularly applicable to circumstances such as the present, I find it unnecessary to consider cases from other jurisdictions.”
In re Trust Under Will of Wallace B. Flint for the Benefit of Katherine F. Shadek (Del. Ch. 2015). “1989); see 12 Del. C. § 3306 (preserving common law doctrine of deviation).”
In re Trust Under Will of Wallace B. Flint for the Benefit of Katherine F. Shadek (Del. Ch. 2015). “1989); see 12 Del. C. § 3306 (preserving common law doctrine of deviation).”
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