Delaware Code
12 Del. C. § 3324 (2026)
General powers of trustee
✓ current as of May 2026
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(a) A trustee, without authorization by the court, may exercise:
(1) Powers conferred by the terms of the trust; and
(2) Except as limited by the terms of the trust, any other powers conferred by this chapter.
(b) Except as modified by the terms of a trust, the exercise of a power is subject to the fiduciary duties otherwise prescribed by law.
72 Del. Laws, c. 388, § 4; 74 Del. Laws, c. 82, § 7;Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2018–2022 · leading case: Wells Lory Hillblom v. Wilmington Trust Co. (Del. Ch. 2022).
Wells Lory Hillblom v. Wilmington Trust Co. (Del. Ch. 2022). “”70 Specifically, the common law imposes on trustees a duty to take reasonable 67 See 12 Del.”
Ray Wayne Lynch v. Frank Barba (Del. Ch. 2018). “The first set of these allegations focuses on Barba’s handling of the trust assets, including his sale of Estate/trust property and his expenditure of trust funds. The remaining allegations focus on Barba’s communications with the beneficiary, Lynch, and whether Barba acted…”
— 12 Del. C. § 3324(b) — 2 cases
Ray Wayne Lynch v. Frank Barba (Del. Ch. 2018). “The first set of these allegations focuses on Barba’s handling of the trust assets, including his sale of Estate/trust property and his expenditure of trust funds. The remaining allegations focus on Barba’s communications with the beneficiary, Lynch, and whether Barba acted…”
Wells Lory Hillblom v. Wilmington Trust Co. (Del. Ch. 2022). “”70 Specifically, the common law imposes on trustees a duty to take reasonable 67 See 12 Del.”
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