Delaware Code
Chapter 33. ADMINISTRATIVE PROVISIONS
§ 3330. Construction or interpretation affecting validity under rule against perpetuities, applicability of later-enacted laws, and class determination; effect of survivorship requirement.

(a) In the construction or interpretation of any governing instrument, the following rules shall apply in the absence of any contrary expression of intent in such governing instrument:

(1) The period of time during which an interest in trust is revocable pursuant to the uncontrolled volition of the person having such a power of revocation shall not be included in determining whether the trust is invalid under the rule against perpetuities.
(2) There shall be no presumption that a testator or trustor did or did not intend that any law apply to a governing instrument which was not in effect on the date of execution of such governing instrument.
(3) Except where the governing instrument expressly provides to the contrary, the determination of a class shall be governed by the law in effect on the date the governing instrument becomes irrevocable.
(b) If, in the construction or interpretation of any governing instrument, the vesting in ownership, possession, or enjoyment of an interest in property of any person is dependent, whether as a matter of expression, implication or inference, in whole or in part upon:

(1) That person's survival of or for a period of time after the life of some other person, including but not limited to the testator or trustor, who has interest in such property, whether vested or contingent, and
(2) That person fails to so survive the life of such other person or for a period of time thereafter,
Then the probable or perceived intention of the transferor with respect to any person who would otherwise be entitled to the interest because of a gift, bequest, or devise made by the person who failed to so survive shall not be considered and shall not be admissible in any proceeding involving the construction or interpretation of such governing instrument.
(c) Notwithstanding 81 Del. Laws, c. 320, § 8, subsection (a) of this section applies as follows:

(1) To wills of decedents dying on or after August 1, 1984.
(2) To trusts becoming irrevocable, whether by the terms of the trust instrument, the death of a person having a power of revocation, or otherwise, on or after August 1, 1984.
(3) To any other governing instruments whenever created.
(d) Subsection (b) of this section applies to governing instruments whenever created.

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.