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2020 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 33. Administrative Provisions
§ 3315 Trustee's exercise of discretion; review by court; discretionary interests.
Universal Citation: 12 DE Code § 3315. (2020)
§ 3315. Trustee's exercise of discretion; review by court; discretionary interests.
(a) Where discretion is conferred upon the fiduciary with respect to the exercise of a power, its exercise by the fiduciary shall be considered to be proper unless the court determines that the discretion has been abused within the meaning of § 187 of the Restatement (Second) of Trusts, not §§ 50 and 60 of the Restatement (Third) of Trusts.
(b) A beneficiary eligible to receive distributions from a trust in the trustee's discretion has a discretionary interest in the trust. A creditor may not directly or indirectly compel the distribution of a discretionary interest except to the extent expressly granted by the terms of a governing instrument in accordance with § 3536(a) of this title.
76 Del. Laws, c. 254, § 7;
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