Delaware Code
12 Del. C. § 3584 (2026)
Attorneys’ fees and costs
✓ current as of May 2026
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In a judicial proceeding involving a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorneys’ fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.
72 Del. Laws, c. 388, § 7;Notes of Decisions
Cited in 16
cases (7 in the last 5 years), 2014–2025 · leading case: IMO The Hawk Mountain Trust (Del. Ch. 2015).
IMO The Hawk Mountain Trust (Del. Ch. 2015). “Specifically, 12 Del. C. § 3584 provides that “[i]n a judicial proceeding involving a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorneys‟ fees, to any party, to be paid by another party or from the trust that is the…”
Christopher J. Tigani, Sr. v. Robert F. Tigani, Sr. & N.K.S. Distributors, Inc. (Del. Ch. 2021). “Accordingly, damages for Bob’s breach of the BST Trust are limited to $231,000 to be paid to the BST Trust.”
Charles F. Alexander v. Edwin J. Alexander, Edward L. Alexander, & William F. Alexander (Del. Ch. 2017). “Ayvazian Master in Chancery KEA/kekz 10 See 12 Del. C. § 3584. See also IMO Trust for Grandchildren of Gore, 2013 WL 771900 , at *3 (Del.”
IMO The Irene Eisenberg Trust U/A/D May 11, 2012 (Del. Ch. 2017). “The trust shall 12 See 12 Del. C. § 3584. C.A. No. 12207-MZ July 26, 2017 Page 6 reimburse Jordan for the cost of his train ticket for his deposition within ten (10) days of the date of this letter, and shall pay Jordan’s costs to attend the mediation.”
IMO Est. & Trust of James Kalil, Sr. Kalil v. Kalil (Del. Ch. 2018). “142 See 12 Del. C. § 3584. 47 III. Conclusion For the foregoing reasons, I recommend the Court deny Petitioner’s motion for summary judgment on Petitioner’s request for reformation (Count I), grant Petitioner’s motion on Petitioner’s request for dissolution of Kalil Associates…”
Marie Ann Hurd v. Leonard Hurd, Jr., Individually & as Tr. of the Marie Ann Hurd Trust (Del. Ch. 2018). “44 in income, plus any additional income deficiencies that have accrued since September 30, 2017 (when the reporting period for the Receiver’s report ended), and $450,559.”
Ray Wayne Lynch v. Frank Barba (Del. Ch. 2018). “The next question is whether it is appropriate to award attorney’s fees from the trust for Lynch’s attorney, Jackson Shrum.”
In Re: the Trust Fbo Samuel Frances Dupont Under Trust Agreement Dated August 4, 1936 (power of Appointment Trust) (Del. Ch. 2018). “71, at 40-41. 109 And, there was no showing that his actions affected, or could have affected, Sam’s decision concerning the LPOA exercise in his Last Will, which is determinative concerning the interests of contingent beneficiaries.”
Ralph Paul Deputy v. Jay Christian Deputy (Del. Ch. 2020). “Jay is removed as trustee of the One Flintlock Trust and the Deputy Trust, and Paul is appointed trustee effective immediately; Jay shall provide an inventory and accounting of both trusts, and supporting documentation, within ninety days; and Paul and Jay shall work towards…”
J.P. Morgan Trust Co. of Delaware, Tr. of the Fisher 2006 Trust F/B/O Hadley Fisher U/A Dated 2/16/2006 v. Fisher (Del. Ch. 2021). “In Hawk Mountain, Vice Chancellor Parsons stated plainly, “I do not understand 12 Del. C. § 3584 to require a showing of bad faith as generally would be necessary under the American Rule.”
In the Matter of The David & Joan Traitel Fam. Trust (Del. Ch. 2022). “2021-0729-PWG July 8, 2022 rule is that a trustee is entitled to reasonable attorneys’ fees when defending a trust and his own actions as a trustee.54 Exceptions to that rule focus on whether the trustee acted in bad faith or fraudulently, and depend upon the extent of the…”
Lisa M. Sweeney v. Mark Sweeney (Del. Ch. 2024). “171 12 Del. C. § 3584. 172 Summa Corp. v. TransWorld Airlines, Inc.”
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