2019 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 35. Trusts
Subchapter III General Provisions
§ 3534 Notice procedure.
Except as may be expressly provided in the trust instrument to the contrary, the following shall apply to any trust the administration of which is governed by this title:
(1) Except for service or notice pursuant to a judicial proceeding whereby such matters are covered by an applicable court rule, any notice of, or communication pertaining to, a trust by a fiduciary of such trust to a beneficiary, other fiduciary or other person having an interest in the trust pursuant to the express terms of the trust instrument or by any such person to a fiduciary, including without limitation notice required under § 3312 of this title, may be given to such person or such person’s representative under § 3547 of this title:
a. By regular U.S. mail or commercial carrier to the mailing address reasonably determined to be such person’s address;
b. By facsimile telecommunication to a number at which such person last consented to receive notice;
c. By electronic mail to an electronic mail address at which such person last consented to receive notice;
d. By a posting on an electronic network, provided notice of such posting is delivered to such person;
e. By any other form of electronic transmission as to which such person last consented to receive notice;
f. By regular U.S. mail or commercial carrier to the address at which such person last consented to receive notice; or
g. By such other manner reasonably suitable under the circumstances and likely to result in receipt.
(2) Notwithstanding any other provision of this Code or other law, a trustee shall have no duty to confirm the reliability of an approved address, and, without creating such a duty, a trustee may withhold notice, including to an approved address, while it exercises reasonable diligence to obtain confirmation that it has a reliable address for such person.
(3) Any person may waive in writing the right to receive notice of a trust or other communications pertaining to a trust, and may thereafter rescind such waiver in writing delivered to the trustee. A trustee without actual notice to the contrary may rely on the representation of a predecessor trustee or a co-trustee pertaining to a waiver or rescission.
(4) For purposes of this section:
a. A “commercial carrier” shall mean a carrier authorized by the United States Department of the Treasury to deliver notices or returns for purposes of satisfying delivery under the Internal Revenue Code.
b. The term “electronic transmission” shall mean any form of communication, not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process.
78 Del. Laws, c. 117, § 8.
