(a) Notwithstanding any other provision of this Code or other law, a trust having any religious, charitable, scientific, literary or educational purpose (collectively, hereinafter referred to as a “charitable purpose”) or a noncharitable purpose shall not be modified to alter or eliminate such purpose except pursuant to § 3342 of this title or pursuant to this section. Subject to subsection (b) of this section, if a particular charitable purpose or noncharitable purpose becomes unlawful under the Constitution of this State or the United States or the trust would otherwise no longer serve any charitable or noncharitable purpose:
(1) The trust does not fail in whole or in part;
(2) The trust property does not revert to the trustor or the trustor's successors in interest; and
(3) The Court of Chancery shall modify or terminate the trust and direct that the trust property be applied or distributed, in whole or in part, in a manner consistent with the trustor's charitable or noncharitable purposes, whether or not such purposes be specific or general.
(b) The power of the Court of Chancery to modify or terminate a charitable or noncharitable purpose trust, as provided in subsection (a) of this section, is in all cases subject to a contrary provision in the terms of the trust instrument, whether such contrary provision directs that the trust property be distributed to a charitable or noncharitable beneficiary.
(c) For purposes of this section, a “noncharitable purpose” is a purpose within the meaning of § 3555 or § 3556 of this title.
Structure Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Subchapter III. General Provisions
§ 3531. Renunciation by trustee named in trust instrument; filing and recording.
§ 3533. Sale of trust property free from trust; procedure.
§ 3535. Powers of appointment, rule against perpetuities and restraints on alienation.
§ 3536A. Release of beneficial interests by beneficiaries.
§ 3537. Conveyance of realty by infant trustee.
§ 3538. Testamentary trusts; certification of by Register of Wills to Register in Chancery; record.
§ 3539. Charitable trust; sale of timber on lands; application of proceeds.
§ 3540. Powers and duties of certain trustees.
§ 3541. Administration of charitable trusts or noncharitable purpose trusts; cy pres rule.
§ 3543. Distribution of estate or trust assets without creation of trust.
§ 3548. Limited purpose trust companies; general powers of appointment.
§ 3549. Marital deduction gift; compliance with Internal Revenue Code; fiduciary powers.