Del. C. » Title 12 — Fiduciary Relations · CHAPTER 35. Trusts · Decedents’ Estates and Fiduciary Relations
Delaware Code

12 Del. C. § 3588 (2026)

Consent, release, ratification, or indemnification in favor of a trustee [For application of this section, see 81 Del. Laws, c. 320, § 8]

✓ current as of May 2026
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(a) A person may not hold a trustee liable for a breach of trust or other claim if the person consented to the conduct constituting the breach or other claim, released the trustee from liability for the breach or other claim, or ratified the transaction constituting the breach or other claim, unless:

(1) The consent, release or ratification of the person was induced by improper conduct of the trustee; or

(2) At the time of the consent, release or ratification, the person did not know of:

a. The person's rights; or

b. Material facts the trustee knew or should have known with the exercise of reasonable inquiry.

(b) A consent, release, ratification, or indemnification in favor of a trustee need not be supported by consideration.

72 Del. Laws, c. 388, §  7;  75 Del. Laws, c. 300, §  4;  78 Del. Laws, c. 117, §  14;  81 Del. Laws, c. 320, § 5; 
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2023–2025 · leading case: In The Matter Of The Niki & Darren Irrevocable Trust & the N & D Delaware Irrevocable Trust (Del. Ch. 2025).
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In The Matter Of The Niki & Darren Irrevocable Trust & the N & D Delaware Irrevocable Trust (Del. Ch. 2025). · cites it 2× “30 Because Darren consented to the Decanting, 12 Del. C. § 3588 also bars him from bringing claims against Comerica and Ildiko.”
New Enter. Assocs. 14, L.P. v. Rich (Del. Ch. 2023). “”); 12 Del. C. § 3588(a) (addressing ability of beneficiary to consent conduct by trustee constituting a breach of fiduciary duty).”
— 12 Del. C. § 3588(a) — 2 cases
New Enter. Assocs. 14, L.P. v. Rich (Del. Ch. 2023). “”); 12 Del. C. § 3588(a) (addressing ability of beneficiary to consent conduct by trustee constituting a breach of fiduciary duty).”
In The Matter Of The Niki & Darren Irrevocable Trust & the N & D Delaware Irrevocable Trust (Del. Ch. 2025). “30 Because Darren consented to the Decanting, 12 Del. C. § 3588 also bars him from bringing claims against Comerica and Ildiko.”
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