Petition to Modify or Terminate Trust (Delaware)

PETITION TO MODIFY OR TERMINATE TRUST

(12 Del. C. §§ 3342, 3338, 3303, 3528; 10 Del. C. § 341; Common-Law Equitable Deviation)

COURT INFORMATION

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

County of: ☐ New Castle ☐ Kent ☐ Sussex

C.A. No.: [________________________________]

Filed: [__/__/____]

IN THE MATTER OF:

Name of Trust: [________________________________]

Date of Trust Instrument: [__/__/____]

Trustor(s) / Settlor(s): [________________________________]

Date of Trustor's Death (if applicable): [__/__/____]

Type of Trust:
☐ Revocable Living Trust (now irrevocable by reason of trustor's death/incapacity)
☐ Irrevocable Inter Vivos Trust
☐ Testamentary Trust (under Will of [________________________________], probated [__/__/____])
☐ Delaware Directed Trust (12 Del. C. § 3313)
☐ Delaware Qualified Disposition Trust / DAPT (12 Del. C. § 3570 et seq.)
☐ Dynasty Trust (perpetuities provisions, 25 Del. C. § 503)
☐ Charitable Trust (Attorney General notice required)
☐ Other: [________________________________]

I. PETITIONER INFORMATION

Name of Petitioner: [________________________________]

Capacity of Petitioner (check one or more):
☐ Acting Trustee
☐ Co-Trustee
☐ Successor Trustee (accepted office on [__/__/____])
☐ Trustor (living and competent)
☐ Guardian of the Property of the Trustor (Delaware appointment dated [__/__/____])
☐ Beneficiary — current mandatory or discretionary distribution
☐ Beneficiary — remainder / contingent
☐ Trust Protector / Trust Adviser (12 Del. C. § 3313)
☐ Designated Representative (12 Del. C. § 3339)
☐ Attorney-in-Fact for Trustor (express modification authority in POA at § [____])
☐ Other: [________________________________]

Address of Petitioner:
Street: [________________________________]
City: [________________] State: [____] Zip: [________]

Telephone: [(___) ___-____] Email: [________________________________]

Delaware Counsel for Petitioner:
Name: [________________________________]
Delaware Bar No.: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Telephone: [(___) ___-____] Email: [________________________________]

II. TRUST IDENTIFICATION

Full Legal Name of Trust: [________________________________]

Date of Trust Instrument: [__/__/____]

Amendments / Restatements (list date and exhibit reference):

1. [__/__/____] — Amendment No. [__], attached as Exhibit [__]
2. [__/__/____] — Restatement, attached as Exhibit [__]

Taxpayer Identification Number (last four): XXX-XX-[____]

Trust Status:
☐ Revocable (trustor living and competent)
☐ Irrevocable by terms of instrument
☐ Irrevocable by reason of trustor's death on [__/__/____]
☐ Irrevocable by reason of trustor's incapacity (determined [__/__/____])

Governing Law: Delaware law (12 Del. C., Chapters 33 and 35)

Situs / Principal Place of Administration: [________________________________], Delaware

Qualified Trustee (if DAPT): [________________________________] (a Delaware bank, trust company, or qualifying Delaware resident under 12 Del. C. § 3570(8))

Current Acting Trustee(s): [________________________________]

Current Investment Adviser / Distribution Adviser / Trust Protector (if directed trust under § 3313):

• Investment Adviser: [________________________________]
• Distribution Adviser: [________________________________]
• Trust Protector: [________________________________]

Approximate Current Fair Market Value of Trust Assets: $[__________]

Summary of Trust Assets (full inventory attached as Exhibit B):

III. JURISDICTION AND VENUE

1. This Court has subject-matter jurisdiction over this proceeding pursuant to 10 Del. C. § 341 (general equity jurisdiction of the Court of Chancery over trusts and fiduciaries), 12 Del. C. § 3332 (jurisdiction over Delaware trusts), and the Court's inherent equitable authority to supervise the administration of trusts.

2. The Court has personal jurisdiction over the Trust and over interested persons because [☐ the Trust is administered in Delaware; ☐ a Delaware qualified trustee serves; ☐ the governing instrument selects Delaware law; ☐ the trust property is held in Delaware; ☐ interested persons reside in Delaware or have consented to jurisdiction].

3. Venue lies in the [☐ New Castle ☐ Kent ☐ Sussex] County office of the Court of Chancery because [☐ the trust is principally administered in that county; ☐ the qualified trustee maintains its principal office in that county; ☐ other: ____________].

4. Declaratory relief is available under 10 Del. C. § 6501 et seq. (Delaware Declaratory Judgment Act).

5. Petitioner has standing as [☐ trustee with fiduciary duty to obtain instructions (§ 3325); ☐ beneficiary with present or future interest; ☐ trustor with statutory standing under § 3342; ☐ trust protector under § 3313].

IV. STATUTORY AND COMMON-LAW BASIS FOR RELIEF

Petitioner seeks relief on each of the following grounds (check all that apply):

A. 12 Del. C. § 3342 — Modification by Consent While Trustor Is Living

☐ The Trustor is living and competent.

☐ The governing instrument does NOT expressly prohibit modification under § 3342, under an NJSA under § 3338, or under a modification agreement.

☐ Written consents or written nonobjections have been obtained from: (i) all trustors; (ii) all then-serving fiduciaries; and (iii) all beneficiaries having an interest in the Trust. The consents are attached as Exhibit C.

☐ The proposed modification consists of provisions that could have been included in the governing instrument were the Trust created upon the date of the modification.

☐ Petitioner acknowledges § 3342(a)'s incomplete-gift limitation: unless the Trustor (or a person acting on the Trustor's behalf) confirms in writing that the transfer in trust is an incomplete gift for federal gift-tax purposes, neither the Trustor nor a guardian or agent under a POA may represent and bind any beneficiary (other than the Trustor) with respect to the modification. ☐ The incomplete-gift confirmation is attached as Exhibit D, OR ☐ such representation is not relied upon.

☐ If the Trustor's power to consent is exercised by an agent under a POA or by a court-appointed guardian, that authority complies with § 3342(a)(1)-(2).

B. 12 Del. C. § 3338 — Nonjudicial Settlement Agreement (NJSA)

☐ All "interested persons" (as defined in § 3338(a)) have entered into a binding nonjudicial settlement agreement regarding the Trust, attached as Exhibit E.

☐ The NJSA does not violate a material purpose of the Trust (§ 3338(c)).

☐ The matters resolved by the NJSA are matters a court could properly approve, including [☐ interpretation of governing instrument; ☐ approval of trustee's report/accounting; ☐ direction or restraint of trustee action; ☐ resignation/appointment of fiduciaries; ☐ trust situs; ☐ liability of trustee; ☐ termination of the trust; ☐ other: ____________].

☐ Petitioner asks the Court to confirm the validity and binding effect of the NJSA as to all interested persons, including persons represented by virtual representation under § 3547.

C. 12 Del. C. § 3303 — Trust-Term Primacy / Instrument-Authorized Amendment

☐ The governing instrument expressly authorizes the modification proposed in Section VII, at Article [__], § [__], and § 3303(a) gives effect to such trust terms over default Delaware rules.

☐ The proposed modification is consistent with the mandatory limits identified in § 3303(a)(1)-(9) and does not eliminate any non-waivable duty.

D. 12 Del. C. § 3528 — Decanting (Alternative or Supplemental Relief)

☐ The acting Trustee has, or the Court is asked to confirm that the Trustee has, authority under § 3528 to appoint principal of the Trust to a second trust whose terms accomplish the proposed modification. The proposed second trust instrument is attached as Exhibit F.

☐ The decanting satisfies § 3528 requirements: [☐ trustee holds discretionary distribution authority; ☐ beneficiaries of the second trust are the same as the beneficiaries of this Trust (or a permissible subset); ☐ rule-against-perpetuities limits respected; ☐ no acceleration of beneficial interests beyond what § 3528 permits].

E. Common-Law Equitable Deviation (Court of Chancery Equity Jurisdiction)

☐ Owing to circumstances NOT known to the Trustor and NOT anticipated by the Trustor at trust creation, continuation of the Trust under its existing terms would defeat or substantially impair the accomplishment of the Trust's purposes. Those changed circumstances are: [________________________________].

☐ The proposed modification furthers the Trustor's probable intent and is necessary to carry out the purposes of the Trust. The Court of Chancery's equitable power to authorize deviation, recognized in In re Trust Under Will of Flint, 118 A.3d 182 (Del. Ch. 2015), and the Restatement (Third) of Trusts § 66, supports the relief requested.

☐ Petitioner relies on 10 Del. C. § 341 (general equity jurisdiction) and the inherent supervisory authority of the Court of Chancery over trusts.

F. Reformation for Mistake (Equitable Reformation)

☐ A mistake of fact or law (in expression or inducement) caused the Trust's terms to depart from the Trustor's actual intent. Clear and convincing evidence of the Trustor's actual intent and of the mistake is set forth in Section V and Exhibits [____]. Delaware equity recognizes reformation of trusts on this basis (Restatement (Third) of Trusts § 62).

G. Modification to Achieve Trustor's Tax Objectives

☐ The proposed modification is necessary or appropriate to achieve the Trustor's tax objectives, including: [☐ qualifying for marital deduction; ☐ qualifying for charitable deduction; ☐ preserving GST exemption / grandfathered status; ☐ qualifying as a QSST or ESBT; ☐ Delaware income-tax planning under 30 Del. C. § 1636; ☐ other: ____________]. Such relief is available under § 3342 (if trustor living), § 3338 NJSA, or by equitable reformation.

H. Termination for Uneconomic Trust or Fulfillment of Purposes

☐ The fair market value of the Trust ($[__________]) is insufficient to justify the cost of administration relative to the material purposes of the Trust. The Court may, in equity, direct termination and distribution under § 3325 (trustee powers) and Chancery's supervisory authority.

☐ The Trust's purposes have been fulfilled, become unlawful, or become impossible to accomplish, justifying termination and distribution.

V. FACTUAL BACKGROUND

6. The Trust was established by [________________________________] (the "Trustor") by instrument dated [__/__/____], a true and correct copy of which is attached as Exhibit A.

7. The Trustor [☐ is living and competent; ☐ is living but incapacitated; ☐ died on __/__/____].

8. The original Trustee was [________________________________]. The current acting Trustee(s) is/are [________________________________], having accepted office on [__/__/____].

9. The Trust currently holds assets with an approximate fair market value of $[__________], described in the inventory attached as Exhibit B.

10. The principal purposes of the Trust, as expressed in the trust instrument and any letter of wishes (12 Del. C. § 3301(g)), are:
    (a) [________________________________]
    (b) [________________________________]
    (c) [________________________________]

11. Petitioner is informed and believes, and on that basis alleges, the following operative facts giving rise to this petition:

[________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________]

12. With respect to changed circumstances, mistake, tax objectives, or other statutory grounds checked in Section IV, the operative facts are:

[________________________________________________________________________
________________________________________________________________________
________________________________________________________________________]

13. The position of each interested person as to the proposed modification or termination is summarized in Section VI and, where applicable, in the written consents attached as Exhibit C.

VI. PARTIES; INTERESTED PERSONS; REPRESENTATION

Pursuant to 12 Del. C. §§ 3338(a), 3543, and 3547, and Court of Chancery Rule 100, the following are interested persons in this proceeding:

A. Trustees, Advisers, and Trust Protectors

B. Trustor (if living)

☐ Trustor: [________________________________], Address: [________________________________]
☐ Guardian of property of Trustor (if any): [________________________________]

C. Beneficiaries (per § 3338(a)(2) — present interests and presumptive vesters)

D. Holders of Powers (§ 3338(a)(4))

E. Persons Under Legal Disability — Representation Under §§ 3543, 3547

☐ Minor beneficiaries (list): [________________________________] — represented by parent under § 3547(a)(1)
☐ Beneficiaries lacking capacity (list): [________________________________] — represented by guardian / designated representative (§ 3339)
☐ Unborn or unascertained beneficiaries — represented by person having substantially identical interest under § 3547(a)(3)

Petitioner requests that the Court [☐ confirm virtual representation under § 3547; ☐ appoint a guardian ad litem under Court of Chancery Rule 17(c) to represent the interests of: ____________].

F. Delaware Attorney General (if charitable interest is implicated)

☐ Office of the Attorney General, Carvel State Office Building, 820 N. French Street, Wilmington, DE 19801 — service required for proceedings involving charitable trusts or charitable interests (29 Del. C. § 2504).

G. Creditors (for DAPT modifications)

☐ Known creditors of the Trustor have been considered under 12 Del. C. § 3572 and the four-year statutory window; notice has been [☐ given; ☐ not required because no creditor claims exist].

VII. PROPOSED MODIFICATION OR TERMINATION TERMS

14. Petitioner proposes the following specific modification, reformation, decanting, or termination of the Trust:

A. If Modification or Reformation:

The following provisions of the Trust shall be modified to read as follows:

B. If Decanting Under § 3528:

☐ The Trustee shall, pursuant to § 3528 and Article [__] of the governing instrument (if applicable), appoint all principal and income of the Trust to a second trust on the terms set forth in the proposed second-trust instrument attached as Exhibit F.

C. If Termination:

☐ The Trust shall terminate effective [__/__/____].

☐ The Trustee shall, after payment of all debts, taxes, expenses, and fees, distribute the remaining trust property as follows: [____________ (set forth distribution scheme, identifying recipients, shares, and any specific assets)].

☐ The Trustee shall continue to have such powers under 12 Del. C. § 3325 as are reasonably necessary to wind up the affairs of the Trust.

D. DAPT-Specific Considerations (if applicable)

If the Trust is a Delaware Qualified Disposition Trust under 12 Del. C. § 3570 et seq.:

☐ The proposed modification preserves the qualified-disposition status: a qualified trustee continues to serve, the spendthrift provision (§ 3570(11)(c)) remains in force, and Delaware administration is preserved.
☐ The qualified-disposition affidavit on file under § 3572(b) remains effective, or a supplemental affidavit will be filed concurrently.
☐ The proposed modification does not extend or revive any creditor's right beyond § 3572's four-year window.

E. Effect on Material Purpose

The proposed modification/termination is consistent with the Trustor's material purpose, OR, under § 3342, may be made even if it would violate a material purpose because the Trustor and all beneficiaries consent. The Court is asked to so find.

VIII. PRIOR PROCEEDINGS AND RELATED MATTERS

15. There are no prior court proceedings concerning this Trust except: [☐ None ☐ C.A. No. ____________ in [court], styled [____________]].

16. There is no pending litigation involving the Trust or its assets except: [☐ None ☐ ____________].

17. No trust protector or trust adviser has acted (or available action by such person has been considered and is insufficient) to address the issue in this petition, OR the trust protector/adviser has acted as follows: [☐ N/A ☐ ____________].

IX. ATTORNEY'S FEES AND COSTS

18. Petitioner has incurred, and will continue to incur, reasonable attorney's fees and costs in bringing this petition for the benefit of the Trust and its beneficiaries, recoverable under the common-benefit doctrine and the Court of Chancery's equitable discretion (see Chesapeake Utilities Corp. v. Chesapeake Petroleum & Supply, 1985 WL 444817 (Del. Ch.); Sugarland Indus., Inc. v. Thomas, 420 A.2d 142 (Del. 1980)).

19. Petitioner requests such fees and costs be charged against [☐ the Trust as a whole; ☐ specific shares as the Court directs; ☐ another party if the Court finds bad-faith opposition].

X. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court enter an order:

A. Finding that the Court has subject-matter and personal jurisdiction under 10 Del. C. § 341 and 12 Del. C. § 3332, and that all interested persons have been duly served or are bound by virtual representation under § 3547;

B. Finding the statutory and equitable grounds for relief checked in Section IV are satisfied, including specific findings as to § 3342 consent, § 3338 NJSA validity, § 3303 instrument authority, § 3528 decanting authority, and/or common-law equitable deviation as applicable;

C. ☐ Approving and confirming the modification of the Trust under 12 Del. C. § 3342 as set forth in Section VII.A;

D. ☐ Approving and confirming the Nonjudicial Settlement Agreement attached as Exhibit E under 12 Del. C. § 3338;

E. ☐ Authorizing or confirming the Trustee's decanting of the Trust under 12 Del. C. § 3528 to the second trust set forth in Exhibit F;

F. ☐ Modifying the Trust by equitable deviation under the Court's inherent jurisdiction (10 Del. C. § 341) on the ground of unanticipated circumstances;

G. ☐ Reforming the Trust to conform to the Trustor's actual intent by clear and convincing evidence of mistake;

H. ☐ Terminating the Trust effective [__/__/____] and directing distribution as set forth in Section VII.C;

I. ☐ Confirming virtual representation under § 3547 and, if necessary, appointing a guardian ad litem under Court of Chancery Rule 17(c);

J. ☐ Declaring the rights and obligations of the parties under 10 Del. C. § 6501 et seq. (Declaratory Judgment Act);

K. Approving the Trustee's account, if filed concurrently, and discharging the Trustee from liability for acts taken in accordance with the Court's order;

L. Awarding Petitioner's reasonable attorney's fees and costs payable from the Trust under the common-benefit doctrine;

M. Granting such other and further relief as the Court deems just and equitable.

XI. VERIFICATION (Court of Chancery Rule 102)

I, [________________________________], being duly sworn, depose and say that I am the Petitioner in the foregoing Petition to Modify or Terminate Trust; that I have read the same and know the contents thereof; and that the factual allegations therein are true and correct of my own knowledge, except as to matters stated on information and belief, and as to those matters I believe them to be true.

Signature of Petitioner: ______________________________

Printed Name: [________________________________]

Executed on [__/__/____] at [________________________________].

STATE OF [____________]
COUNTY OF [____________], ss.

Subscribed and sworn to before me this [__] day of [____________], 20[__].

______________________________
☐ Notary Public ☐ Authorized Officer
My commission expires: [__/__/____]
(Seal)

XII. SIGNATURE OF DELAWARE COUNSEL

Respectfully submitted,

Dated: [__/__/____]

________________________________
[Attorney Name]
Delaware Bar No. [____________]
[Firm Name]
[Address]
[Telephone] | [Email]
Attorney for Petitioner

OF COUNSEL (admitted pro hac vice under Ct. Ch. R. 170):
[Name, Firm, Address, Bar No., Jurisdiction]

EXHIBITS

• Exhibit A: Trust Instrument dated [__/__/____] and all amendments/restatements
• Exhibit B: Inventory of Trust Assets as of [__/__/____]
• Exhibit C: Written consents / nonobjections of trustor, fiduciaries, and beneficiaries (§ 3342)
• Exhibit D: Incomplete-gift confirmation (if § 3342 representation is exercised by trustor as to beneficiaries)
• Exhibit E: Nonjudicial Settlement Agreement (§ 3338)
• Exhibit F: Proposed second-trust instrument (if § 3528 decanting is sought)
• Exhibit G: Evidence of changed circumstances / mistake / tax-objective basis (correspondence, valuations, expert declarations)
• Exhibit H: Order appointing guardian of trustor's property (if applicable)
• Exhibit I: Affidavit of qualified disposition under 12 Del. C. § 3572(b) (if DAPT)
• Exhibit J: Notice list and proof of service
• Exhibit K: Acknowledgment of notice / waiver from Delaware Attorney General (if charitable)
• Exhibit L: [Other supporting documentation]

CERTIFICATE / PROOF OF SERVICE

I certify that on [__/__/____], a true and correct copy of the foregoing Petition to Modify or Terminate Trust, together with all exhibits, was served on each interested person identified in Section VI in the manner indicated below, consistent with Court of Chancery Rule 5 and Rule 100.

________________________________
[Name of Person Serving — must be over 18, not a party]

DELAWARE-SPECIFIC PRACTICE NOTES

• Court: Delaware Court of Chancery — exclusive equity court with general jurisdiction over trusts (10 Del. C. § 341). Petitions are filed in the county of administration (New Castle, Kent, or Sussex) via File & ServeXpress.
• Counsel: Only members of the Delaware Bar may sign petitions. Out-of-state counsel must associate Delaware counsel and move pro hac vice under Ct. Ch. R. 170.
• No UTC: Delaware did NOT adopt the Uniform Trust Code. There is no Delaware analogue to UTC § 411 (modification on consent), § 412 (unanticipated circumstances), § 414 (uneconomic trust), § 415 (mistake), or § 416 (tax objectives) by that numbering. Delaware's regime is statute-by-statute under Title 12, Chapter 33: § 3342 (modification by consent — living trustor), § 3338 (NJSA), § 3528 (decanting), § 3303 (trust terms control), § 3313 (advisers/protectors), supplemented by equity.
• § 3342 unique feature: Modification by consent under § 3342 may be made "regardless of whether the modification may violate a material purpose of the trust" — a significant pro-flexibility departure from UTC § 411. But § 3342 is unavailable once the trustor dies.
• Post-death modification: After the trustor's death, use (i) § 3338 NJSA (subject to material-purpose limit in § 3338(c)), (ii) § 3528 decanting (if trustee has discretionary distribution authority), (iii) instrument-authorized amendment under § 3303, (iv) Chancery petition for equitable deviation/reformation. Plan accordingly.
• DAPT (§§ 3570-3576): Modifications to a Delaware Qualified Disposition Trust must preserve the qualified-disposition framework. The four-year creditor window (§ 3572) and the qualified-trustee requirement (§ 3570(8)) are paramount. A modification that defeats the spendthrift provision (§ 3570(11)(c)) destroys DAPT protection.
• Directed trusts (§ 3313): Many Delaware trusts are "directed" — investment, distribution, and administrative roles are split. The petition must identify each adviser and protector and the scope of their authority; the petition should expressly state whether the modification affects adviser/protector roles.
• Virtual representation (§§ 3543, 3547): Delaware's representation provisions are broad. Use § 3547(a) (person with substantially identical interest) to bind unborn/unascertained beneficiaries; § 3547(a)(1) (parent) for minors. Designated representatives under § 3339 may also bind beneficiaries.
• Decanting (§ 3528): Delaware's decanting statute is a powerful Swiss-army-knife modification tool. Often a decanting accomplished by trustee instrument is preferable to a court petition; use this petition for confirmation, complex relief, or where consent is incomplete.
• Confidentiality / silent trusts: 12 Del. C. § 3303(c) permits the governing instrument to limit beneficiary information for stated periods. Modifications must not violate § 3303 mandatory rules.
• Charitable trusts: Notice to the Delaware Attorney General is required for proceedings involving charitable interests (29 Del. C. § 2504, common law).
• Rule 102 verification: Court of Chancery petitions must be verified.
• Tax planning: Delaware income tax does not tax irrevocable nongrantor trusts whose beneficiaries are all nonresidents (30 Del. C. § 1636). Modifications must not inadvertently destroy that exclusion.
• Trust Act updates: Delaware enacts annual "Trust Act" amendments (e.g., Trust Act 2025 amending §§ 3326, 3315, 3556). Verify the current text of each cited statute via delcode.delaware.gov before filing.

SOURCES AND REFERENCES

• 12 Del. C. § 3342 (Modification of trust by consent while trustor is living)
• 12 Del. C. § 3338 (Nonjudicial settlement agreements)
• 12 Del. C. § 3303 (Effect of trust terms; mandatory rules)
• 12 Del. C. § 3528 (Decanting)
• 12 Del. C. § 3313 (Advisers and trust protectors)
• 12 Del. C. § 3325 (Trustees' powers)
• 12 Del. C. § 3326 (Resignation of officeholders, as amended 2025)
• 12 Del. C. § 3327 (Removal of trustee)
• 12 Del. C. § 3332 (Jurisdiction over Delaware trusts)
• 12 Del. C. § 3339 (Designated representative)
• 12 Del. C. § 3343 (Allocation of trustee powers; cotrustees)
• 12 Del. C. §§ 3543, 3547 (Representation; virtual representation)
• 12 Del. C. §§ 3570-3576 (Qualified Dispositions in Trust Act — DAPT)
• 10 Del. C. § 341 (Court of Chancery — equity jurisdiction)
• 10 Del. C. § 6501 et seq. (Declaratory Judgment Act)
• 30 Del. C. § 1636 (Delaware income tax — nonresident-beneficiary exclusion)
• Court of Chancery Rules 100-102 (Trust, guardianship, fiduciary petitions; verification)
• Court of Chancery Rule 17 (Guardian ad litem)
• Court of Chancery Rule 170 (Pro hac vice)
• In re Trust Under Will of Flint, 118 A.3d 182 (Del. Ch. 2015) (equitable deviation)
• Sugarland Indus., Inc. v. Thomas, 420 A.2d 142 (Del. 1980) (common-benefit fees)
• Restatement (Third) of Trusts §§ 62, 65-66 (Reformation, modification, termination)
• Delaware Trust Act 2025 (annual legislative update)