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2020 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 35. Trusts
Subchapter VII. Liability of Trustees and Rights of Persons Dealing With Trustee
§ 3588 Consent, release, ratification, or indemnification in favor of a trustee [For application of this section, see 81 Del. Laws, c. 320, § 8].
Universal Citation: 12 DE Code § 3588. (2020)
§ 3588. Consent, release, ratification, or indemnification in favor of a trustee [For application of this section, see 81 Del. Laws, c. 320, § 8].
(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;
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