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Delaware Specialized Trust Provisions
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Our collection of Delaware Specialized Trust Provisions is reserved for professional advisors who work closely with us.
Explore Delaware’s Unique Advantages
The State of Delaware promotes innovate and flexible trust laws and can offer attractive advantages to families and individuals.
Directed Trusts
Delaware law enables a trustee to be directed on investments, distributions, or any other matter.
Dynasty Trusts
Delaware trusts can be drafted to create a trust that is not subject to a rule against perpetuities.
Body of Law
To remain a leader as a flexible trust jurisdiction, Delaware continually updates its trust laws.
How to Use the Delaware Trust Provisions
Our specialized trust provisions offer guidance on the application of Delaware’s modern trust laws to help protect and preserve clients’ wealth. After determining the aspects of the trust, look through our body of provisions that address any topics and incorporate as needed.
Provisions For All Trusts
Investment Advisor Provisions
Distribution Advisor Provisions
Other Advisor Provisions
Special Situations
Sample Language for Any Trust
Preview Sample Provisions
Our Delaware trust provisions examine the unique attributes of modern trust law.
Investment Advisor Provisions
Appointment of Investment Advisor
In reliance on the provisions of 12 Del. C. § 3313, the Grantor hereby appoints __________________________ (the "Investment Advisor") as Investment Advisor. If at any time __________________ is unwilling or unable to act...
Special Situations
Decanting
If the Trustee of any trust created by or pursuant to this Trust Agreement has the power (whether acting in its discretion or at the direction or with the consent of another fiduciary hereunder) to invade the principal, income or both of such trust (the “First Trust”) to make distributions...
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Delaware’s Specialized Trust Provisions reflect our interpretation of its contemporary trust laws and how they may be applied to the changing needs of multigenerational families – presented in an easy-to-use digital tool for updating your trust documents.
Notice and Disclaimer
Although the provisions in these materials are the product of much thought and effort, no sample provision is a substitute for informed legal judgment. The attorney must make an independent determination as to whether a particular provision herein is generally appropriate for a client and, further, how it must be modified to meet any special circumstances and objectives of the client. These provisions have been drafted based upon the application of Delaware law and no attempt has been made to confirm their general applicability or validity under the laws of other jurisdictions.
Northern Trust does not guarantee that the provisions in these materials effectively accomplish their purpose, and it assumes no responsibility for the provisions or for their use. By using any provision from these materials to draft a will or trust, the attorney acknowledges that the attorney (and not Northern Trust) is responsible for any document that the attorney prepares based on these materials.
Northern Trust will not necessarily update these materials at any time or from time to time.
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All Rights Reserved except that permission is granted to attorneys to use any part or all of the forms herein contained in the preparation of wills and trusts for clients.