§ 7777. Delegation by trustee.
(a) Standards for delegation.--A trustee may delegate duties and powers that a prudent trustee of comparable skills
might delegate under the circumstances. The trustee shall exercise reasonable care,
skill and caution in:
(1) selecting an agent;
(2) establishing the scope and specific terms of the delegation, consistent with the purposes
and provisions of the trust; and
(3) reviewing periodically the agent's actions in order to monitor the agent's performance
and compliance with the scope and specific terms of the delegation.
(b) Agent's duty.--The agent shall comply with the scope and terms of the delegation and shall exercise
the delegated duties and powers with reasonable care, skill and caution and shall
be liable to the trust for failure to do so. An agent who represents having special
skills or expertise shall use those special skills or that expertise.
(c) Liability.--A trustee who complies with subsection (a) is not liable to the beneficiaries or to
the trust for an action of the agent to whom the function was delegated.
(d) Jurisdiction.--An agent who accepts the delegation of duties or powers from a trustee who is subject
to the jurisdiction of a court of this Commonwealth shall be deemed to have submitted
to the jurisdiction of that court even if the terms of the delegation provide for
a different jurisdiction or venue.
(e) When one trustee may delegate to another.--A trustee may delegate duties and powers to another trustee if the delegating trustee
reasonably believes that the other trustee has greater skills than the delegating
trustee with respect to those duties and powers and the other trustee accepts the
delegation. The delegating trustee shall not be responsible for the decisions, actions
or inactions of the trustee to whom those duties and powers have been delegated if
the delegating trustee has exercised reasonable care, skill and caution in establishing
the scope and specific terms of the delegation and in reviewing periodically the performance
of the trustee to whom the duties and powers have been delegated and that trustee's
compliance with the scope and specific terms of the delegation.
Notes of Decisions
In Re:Est. of Atkinson, J., Appeal of: Wells Fargo, 231 A.3d 891 (Pa. Super. Ct. 2020).
“20 Pa.C.S. § 7777(d). Neither of these statutes states that the jurisdiction of the orphans’ court is exclusive or that claims against such agents cannot be resolved by arbitration or other types of alternative dispute resolution.”
In Re:Est. of Atkinson, J., Appeal of: Wells Fargo, 2020 Pa. Super. 87 (Pa. Super. Ct. 2020).
“20 Pa.C.S. § 7777(d). Neither of these statutes states that the jurisdiction of the orphans’ court is exclusive or that claims against such agents cannot be resolved by arbitration or other types of alternative dispute resolution.”
In Re: Est. & Trust of M.A.Turner Liverant (Pa. Super. Ct. 2021).
· cites it 3× “See 20 Pa.C.S. § 7777(a). When such occurs, “[t]he agent shall comply with the scope and terms of the delegation and shall exercise the delegated duties and powers with reasonable care, skill and caution and shall be liable to the trust for failure to do so.”
In Re: Chen, A., Trust No. 1, Appeal of: Chen, A. (Pa. Super. Ct. 2018).
“2(L) (emphasis added); see also 20 Pa.C.S. § 7777(a)(1), (3) (“A ____________________________________________ 6There was evidence adduced at the hearings that the statute of limitations prevented the IRS from seeking back taxes for any years other than 2013- 2015.”
— 20 Pa. Cons. Stat. § 7777(a) — 1 case
In Re: Est. & Trust of M.A.Turner Liverant (Pa. Super. Ct. 2021).
“See 20 Pa.C.S. § 7777(a). When such occurs, “[t]he agent shall comply with the scope and terms of the delegation and shall exercise the delegated duties and powers with reasonable care, skill and caution and shall be liable to the trust for failure to do so.”
— 20 Pa. Cons. Stat. § 7777(a)(1) — 1 case
In Re: Chen, A., Trust No. 1, Appeal of: Chen, A. (Pa. Super. Ct. 2018).
“2(L) (emphasis added); see also 20 Pa.C.S. § 7777(a)(1), (3) (“A ____________________________________________ 6There was evidence adduced at the hearings that the statute of limitations prevented the IRS from seeking back taxes for any years other than 2013- 2015.”
— 20 Pa. Cons. Stat. § 7777(b) — 1 case
In Re: Est. & Trust of M.A.Turner Liverant (Pa. Super. Ct. 2021).
“See 20 Pa.C.S. § 7777(a). When such occurs, “[t]he agent shall comply with the scope and terms of the delegation and shall exercise the delegated duties and powers with reasonable care, skill and caution and shall be liable to the trust for failure to do so.”
— 20 Pa. Cons. Stat. § 7777(d) — 2 cases
In Re:Est. of Atkinson, J., Appeal of: Wells Fargo, 231 A.3d 891 (Pa. Super. Ct. 2020).
“20 Pa.C.S. § 7777(d). Neither of these statutes states that the jurisdiction of the orphans’ court is exclusive or that claims against such agents cannot be resolved by arbitration or other types of alternative dispute resolution.”
In Re:Est. of Atkinson, J., Appeal of: Wells Fargo, 2020 Pa. Super. 87 (Pa. Super. Ct. 2020).
“20 Pa.C.S. § 7777(d). Neither of these statutes states that the jurisdiction of the orphans’ court is exclusive or that claims against such agents cannot be resolved by arbitration or other types of alternative dispute resolution.”
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