Delaware Code
Chapter 33. ADMINISTRATIVE PROVISIONS
§ 3313A. Excluded cotrustee.

(a) If the terms of a governing instrument confer upon a cotrustee, to the exclusion of another cotrustee, the power to take certain actions with respect to the trust, including the power to direct or prevent certain actions of the trustees, the duty and liability of the excluded trustee is as follows:

(1) If the terms of the governing instrument confer upon the cotrustee the power to direct certain actions of the excluded trustee, the excluded trustee must act in accordance with the direction and shall have no duty to act in the absence of such direction and is not liable, individually or as a fiduciary, for any loss resulting directly or indirectly from compliance with the direction unless compliance with the direction constitutes wilful misconduct on the part of the directed cotrustee;
(2) If the terms of the governing instrument confer upon the cotrustee exclusive authority to exercise any power, the excluded trustee is not liable, individually or as a fiduciary, for any loss resulting directly or indirectly from the action taken by the cotrustee in the exercise of the power, such that the excluded trustee shall not be a fiduciary with respect to any power as to which the governing instrument has conferred upon the cotrustee exclusive authority in accordance with this paragraph (a)(2), but shall remain a fiduciary with respect to any powers or other matters as to which the governing instrument has not conferred exclusive authority on the cotrustee; and
(3) The excluded trustee has no duty to monitor the conduct of the cotrustee, provide advice to the cotrustee or consult with or request directions from the cotrustee. The excluded trustee is not required to give notice to any beneficiary of any action taken or not taken by the cotrustee whether or not the excluded trustee agrees with the result. Administrative actions taken by the excluded trustee for the purpose of implementing directions of the cotrustee, including confirming that the directions of the cotrustee have been carried out, do not constitute monitoring of the cotrustee nor do they constitute participation in decisions within the scope of the cotrustee's authority.
(b) The cotrustee holding the power to take certain actions with respect to the trust shall be liable to the beneficiaries with respect to the exercise of the power as if the excluded trustee were not in office and shall have the exclusive obligation to account to the beneficiaries and defend any action brought by the beneficiaries with respect to the exercise of the power.

Structure Delaware Code

Delaware Code

Title 12 - Decedents' Estates and Fiduciary Relations

Chapter 33. ADMINISTRATIVE PROVISIONS

§ 3301. Application of chapter; definitions [For application of this section, see 79 Del. Laws, c. 172, § 6].

§ 3302. Degree of care; authorized investments [For application of this section, see 79 Del. Laws, c. 172, § 6].

§ 3303. Effect of provisions of instrument [For application of this section, see 79 Del. Laws, c. 172, § 6].

§ 3304. Retention by fiduciary of decedent's or settlor's investments.

§ 3305. Retention by bank or trust company acting as a fiduciary of its own stock.

§ 3306. Deviation from terms of instrument.

§ 3307. Common fund investments by bank or trust company; regulations.

§ 3308. Power of bank or trust company acting as a fiduciary to purchase property held by its commercial or banking department.

§ 3309. Identification of securities.

§ 3310. Storage of securities.

§ 3311. Deposit of securities in clearing corporation.

§ 3312. Investments in affiliated investments; transactions with affiliates [For application of this section, see 80 Del. Laws, c. 153, § 5].

§ 3313. Advisers [For application of this section, see 80 Del. Laws, c. 153, § 5].

§ 3313A. Excluded cotrustee.

§ 3314. Limitation on certain fiduciary powers.

§ 3315. Trustee's exercise of discretion; review by court; discretionary interests.

§ 3316. Substituted property; equivalent value; fiduciary duty.

§ 3317. Cofiduciaries and co-nonfiduciaries; duty to keep informed.

§ 3321. Applicability of chapter; definitions.

§ 3322. Fiduciary agency contracts; delegation.

§ 3323. Cofiduciaries and co-nonfiduciaries.

§ 3324. General powers of trustee.

§ 3325. Specific powers of trustee [For application of this section, see 79 Del. Laws, c. 172, § 6; 80 Del. Laws, c. 153, § 5].

§ 3326. Resignation of an officeholder.

§ 3327. Removal of an officeholder.

§ 3328. Limitation on personal liability of fiduciary.

§ 3329. Effect of no-contest provision.

§ 3330. Construction or interpretation affecting validity under rule against perpetuities, applicability of later-enacted laws, and class determination; effect of survivorship requirement.

§ 3331. Preference for early vesting [For application of the section, see 83 Del. Laws, c. 271, § 1].

§ 3332. Governing law; change of situs [For application of this section, see 80 Del. Laws, c. 153, § 5].

§ 3333. Retention of counsel by fiduciary [For application of this section, see 79 Del. Laws, c. 172, § 6; 80 Del. Laws, c. 153, § 5].

§ 3334. Contributions to revocable trusts [For application of this section, see 79 Del. Laws, c. 172, § 6].

§ 3335. Effect of formula clauses in certain wills and trusts.

§ 3336. Appointment of successor trustee [For application of this section, see 79 Del. Laws, c. 172, § 6].

§ 3337. Claims against revocable trusts [For application of this section, see 79 Del. Laws, c. 172, § 6].

§ 3338. Nonjudicial settlement agreements [For application of this section, see 79 Del. Laws, c. 172, § 6; 80 Del. Laws, c. 153, § 5].

§ 3339. Designated representatives of trusts.

§ 3340. Place of administration [For application of this section, see 80 Del. Laws, c. 153, § 5].

§ 3341. Consequences of trust merger and similar transactions [For application of this section, see 80 Del. Laws, c. 153, § 5].

§ 3342. Modification of trust by consent while trustor is living.

§ 3343. Authority to allocate trustee duties among multiple trustees.

§ 3344. Income tax reimbursement or payment.