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Current as of January 01, 2026 | Updated by Findlaw Staff
(a) Trustees under wills, trustees under inter vivos deeds of trust, both revocable and irrevocable, and successors to such trustees, are entitled to reasonable compensation for their services in accordance with the instrument creating the trust. Subject to other provisions of this subsection, if a trust instrument fixes the reasonable compensation of a trustee, the trustee is entitled to compensation as so determined. Upon proper showing, the Court of Chancery may fix or allow greater or lesser compensation than could be allowed under the terms of such trust in any of the following circumstances:
(1) Where the duties of the trustee are substantially different from those contemplated when the trust was created;
(2) Where the compensation in accordance with the terms of the trust would be unreasonably low or high;
(3) In extraordinary circumstances calling for equitable relief.
(b) An order under this section allowing greater or lesser compensation applies to such actions taken in the administration of a trust as the order shall specify.
Cite this article: FindLaw.com - Delaware Code Title 12. Decedents' Estates and Fiduciary Relations § 3560. Trustees entitled to compensation in accordance with instrument - last updated January 01, 2026 | https://codes.findlaw.com/de/title-12-decedents-estates-and-fiduciary-relations/de-code-sect-12-3560/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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