Irrevocable Trust - Delaware
IRREVOCABLE TRUST
Trust name: [FULL TRUST NAME]
Date of trust: [__/__/____]
Settlor: [SETTLOR FULL LEGAL NAME], [ADDRESS]
Initial Trustee: [TRUSTEE FULL LEGAL NAME], [ADDRESS]
1. Creation and funding
I, the Settlor, transfer to the Trustee the property identified in Schedule A now, to hold as a separate irrevocable trust under this instrument. The Trustee accepts that property and the trusteeship by signing below and acknowledges actual receipt in Schedule A. Further contributions may be accepted by the Trustee in writing. Property not transferred to the Trustee is not included merely because it is described here. The Trustee shall keep trust property separate and maintain records of receipts, expenditures, distributions, and investments.
2. Beneficiary and distributions
The sole current beneficiary is [CURRENT BENEFICIARY FULL LEGAL NAME], born [__/__/____] (the “Beneficiary”). The Settlor is not a beneficiary. While the Beneficiary is living and before termination, the Trustee may distribute income or principal to or for the Beneficiary for health, education, maintenance, or support. The Trustee shall consider the Beneficiary's other reasonably available resources and the purposes of this trust, act in good faith, and record each distribution decision. Undistributed income shall remain in the trust. The Beneficiary has no right to compel a particular discretionary distribution.
3. Termination and complete remainder
The trust terminates on the earlier of the Beneficiary's death or the 20th anniversary of the Date of Trust. After paying proper trust expenses and liabilities, the Trustee shall distribute 100% of the remaining property outright to [PRIMARY REMAINDER BENEFICIARY FULL LEGAL NAME], if then living. If that person is not living, the Trustee shall distribute 100% outright to [ALTERNATE REMAINDER BENEFICIARY FULL LEGAL NAME], if then living. If neither is living, the Trustee shall distribute 100% to [FINAL CHARITABLE BENEFICIARY LEGAL NAME AND ADDRESS], if then in existence; otherwise to [SECOND FINAL CHARITABLE BENEFICIARY LEGAL NAME AND ADDRESS], if then in existence. If neither organization exists, distribute 100% to the Beneficiary if living, or to the Beneficiary's estate if deceased. The persons and organizations in this section must be different from the Settlor. The Trustee shall use available trust cash or liquidate property as reasonably needed to make the final distribution.
4. Irrevocability and spendthrift direction
The Settlor reserves no unilateral power to revoke or amend this trust, reclaim trust property, direct distributions, or appoint property to the Settlor. This clause does not limit a modification or termination authorized by applicable law or a court with jurisdiction. Before actual receipt by a Beneficiary, that person's interest may not be voluntarily or involuntarily transferred or pledged, and the Trustee shall not honor an attempted assignment. This restriction operates subject to 12 Del. C. § 3536 and other applicable law.
5. Trustee succession and administration
If the initial Trustee dies, resigns, becomes unable to act, or declines to serve, [FIRST SUCCESSOR TRUSTEE FULL LEGAL NAME AND ADDRESS] shall serve. If that person cannot serve, [SECOND SUCCESSOR TRUSTEE FULL LEGAL NAME AND ADDRESS] shall serve. A successor accepts by a signed writing delivered to the then serving Trustee, or to the Beneficiary if there is no serving Trustee. A departing Trustee shall promptly deliver trust property and records to the successor. If these appointments fail, a successor may be appointed under applicable Delaware law, including 12 Del. C. § 3327A.
The Trustee may exercise the powers available under 12 Del. C. § 3325, including collecting property, investing, selling, borrowing for trust purposes, and paying proper expenses. The Trustee shall act for the trust's purposes and keep a written annual account of property, receipts, expenses, and distributions. The Trustee shall send it to the adult Beneficiary and, after the Beneficiary's death, to the persons then entitled to the remainder. The Trustee may receive reasonable compensation and reimbursement of proper administration expenses.
6. Governing law and disputes
Delaware law governs this trust's administration while it is administered in Delaware, subject to 12 Del. C. § 3332 and any controlling law. A trust dispute may be brought in a court with jurisdiction. The Court of Chancery has equity jurisdiction under 10 Del. C. § 341, subject to § 342 when another court affords a sufficient remedy. A court may order remedies for breach of trust under 12 Del. C. § 3581. No provision of this trust excuses or indemnifies a fiduciary for that fiduciary's own wilful misconduct, and this instrument places no blanket limit on a Beneficiary's fiduciary-duty claim. See 12 Del. C. §§ 3303(a), 3328(e).
7. Signatures and witnesses
The Settlor signs this writing in the presence of the two undersigned disinterested witnesses. Each witness signs in the Settlor's presence. A witness should have no beneficial interest in this trust that would be materially increased or decreased by its creation. See 12 Del. C. § 3545(a).
Settlor signature: __________________________ Date: [__/__/____]
Printed name: [SETTLOR FULL LEGAL NAME]
Witness 1 signature: _______________________ Date: [__/__/____]
Printed name and address: [WITNESS 1 FULL LEGAL NAME AND ADDRESS]
Witness 2 signature: _______________________ Date: [__/__/____]
Printed name and address: [WITNESS 2 FULL LEGAL NAME AND ADDRESS]
I accept the trusteeship and the property listed in Schedule A.
Trustee signature: __________________________ Date: [__/__/____]
Printed name: [TRUSTEE FULL LEGAL NAME]
Schedule A — Initial property and receipt
The Settlor delivers $[AMOUNT, GREATER THAN ZERO] in cash to the Trustee on [__/__/____]. Additional property, if actually delivered at signing: [DESCRIBE OR WRITE “NONE”]. Identify any required separate transfer document: [DOCUMENT OR “NONE”].
I acknowledge actual receipt of the property described above for [FULL TRUST NAME].
Trustee signature: __________________________ Date received: [__/__/____]
About this template
- Last updated
- October 21, 2026
- Citations checked
- October 21, 2026
- Jurisdiction
- Delaware
- Category
- Estate Planning & Wills
Legal authority
- 12 Del. C. § 3303(a) (effect of terms; no exculpation for fiduciary's own wilful misconduct)
- 12 Del. C. § 3325 (specific trustee powers)
- 12 Del. C. § 3327A (successor officeholder)
- 12 Del. C. § 3328(e) (beneficiary fiduciary-duty actions excluded from personal-liability statute)
- 12 Del. C. § 3332(b) (law governing Delaware administration)
- 12 Del. C. § 3536(a) (beneficiary creditors and assignments)
- 12 Del. C. § 3545(a) (written trust execution with survivorship interests)
- 12 Del. C. § 3581(b)(3) (breach remedies)
- 10 Del. C. § 341 (Chancery equity jurisdiction)
- 10 Del. C. § 342 (adequate-remedy limit)
Estate planning documents decide what happens to your property, your children, and your medical care when you cannot make those decisions yourself. Wills, trusts, powers of attorney, and health care directives each serve different purposes and each have to meet state law requirements for signing, witnessing, and notarization. A document that looks fine on the page but was not executed correctly can be rejected in probate, which is exactly when it is too late to fix.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 21, 2026.
12 Del. C. § 3303(a) (checked October 21, 2026): "provided, however, that nothing contained in this section shall be construed to permit the exculpation or indemnification of a fiduciary for the fiduciary’s own wilful misconduct or preclude a court of competent jurisdiction from removing a fiduciary on account of the fiduciary’s wilful misconduct."
12 Del. C. § 3581(b)(3) (checked October 21, 2026): "Compelling the trustee to redress a breach of trust by paying money, restoring property, or other means"
10 Del. C. § 341 (checked October 21, 2026): "The Court of Chancery shall have jurisdiction to hear and determine all matters and causes in equity."
10 Del. C. § 342 (checked October 21, 2026): "The Court of Chancery shall not have jurisdiction to determine any matter wherein sufficient remedy may be had by common law, or statute, before any other court or jurisdiction of this State."
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