Delaware § 3583 Liability of trustee in absence of breach

Delaware Statutes

§ 3583 — Liability of trustee in absence of breach

Delaware § 3583

JurisdictionDelaware

Title12

PartFiduciary Relations

Ch. 35TRUSTS

Subch.Liability of Trustees and Rights of Persons Dealing With Trustee

This text of Delaware § 3583 (Liability of trustee in absence of breach) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 12, § 3583 (2026).

Text

(a)Except to the extent a trustee realizes a profit from conduct expressly permitted by law or the terms of the trust, a trustee is accountable to a beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust.

(b)Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for the failure to make a profit.

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(a) Except to the extent a trustee realizes a profit from conduct expressly permitted by law or the terms of the trust, a trustee is accountable to a beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust.

(b) Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for the failure to make a profit.