Delaware Code

12 Del. C. § 3560 (2026)

Trustees entitled to compensation in accordance with instrument

✓ current as of May 2026
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(a) Trustees under wills, trustees under inter vivos deeds of trust, both revocable and irrevocable, and successors to such trustees, are entitled to reasonable compensation for their services in accordance with the instrument creating the trust. Subject to other provisions of this subsection, if a trust instrument fixes the reasonable compensation of a trustee, the trustee is entitled to compensation as so determined. Upon proper showing, the Court of Chancery may fix or allow greater or lesser compensation than could be allowed under the terms of such trust in any of the following circumstances:

(1) Where the duties of the trustee are substantially different from those contemplated when the trust was created;

(2) Where the compensation in accordance with the terms of the trust would be unreasonably low or high;

(3) In extraordinary circumstances calling for equitable relief.

(b) An order under this section allowing greater or lesser compensation applies to such actions taken in the administration of a trust as the order shall specify.

67 Del. Laws, c. 56, §  2
Notes of Decisions
Cited in 1 case, 2018–2018 · leading case: Ray Wayne Lynch v. Frank Barba (Del. Ch. 2018).
Ray Wayne Lynch v. Frank Barba (Del. Ch. 2018). “81 12 Del. C. § 3560. Page 31 of 32 caused by the needs of the beneficiary and the litigation, a trustee commission consistent with the provisions in Rule 132 is appropriate in this case.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.