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2019 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 35. Trusts
Subchapter VII Liability of Trustees and Rights of Persons Dealing With Trustee
§ 3583 Liability of trustee in absence of breach.
Universal Citation: 12 DE Code § 3583 (2019)
(a) Except to the extent a trustee realizes a profit from conduct expressly permitted by law or the terms of the trust, a trustee is accountable to a beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust.
(b) Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for the failure to make a profit.
72 Del. Laws, c. 388, § 7; 77 Del. Laws, c. 330, § 18.
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