(a) The duration of a trust and time of vesting of interests in the trust property shall not change merely because the place of administration of the trust is changed from some other jurisdiction to this State.
(b) Except as otherwise provided by the terms of a court order and notwithstanding a general choice of law provision in the governing instrument of a trust, such as a provision to the effect that the laws of a jurisdiction other than this State shall govern the trust or the administration of the trust, the laws of this State shall govern the administration of the trust while the trust is administered in this State unless the governing instrument expressly provides that the laws of another jurisdiction govern the administration of the trust and further provides that the laws governing the administration of the trust shall not change on account of a change in the place of administration of the trust.
(c) Notwithstanding the foregoing, if a fiduciary takes or fails to take any action, based upon a good faith belief that the laws of a foreign jurisdiction govern the administration of a trust while the trust is administered in this State, the fiduciary's liability under the governing instrument for the action or inaction shall be determined in accordance with the laws of the foreign jurisdiction.
Structure Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 33. ADMINISTRATIVE PROVISIONS
§ 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.
§ 3309. Identification of securities.
§ 3310. Storage of securities.
§ 3311. Deposit of securities in clearing corporation.
§ 3313. Advisers [For application of this section, see 80 Del. Laws, c. 153, § 5].
§ 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.
§ 3326. Resignation of an officeholder.
§ 3327. Removal of an officeholder.
§ 3328. Limitation on personal liability of fiduciary.
§ 3329. Effect of no-contest provision.
§ 3335. Effect of formula clauses in certain wills and trusts.
§ 3339. Designated representatives of trusts.
§ 3340. Place of administration [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.