Delaware § 3588 Consent, release, ratification, or indemnification in favor of a trustee [For application of this section, see 81 Del. Laws, c. 320, § 8]

Delaware Statutes

§ 3588 — Consent, release, ratification, or indemnification in favor of a trustee [For application of this section, see 81 Del. Laws, c. 320, § 8]

Delaware § 3588

JurisdictionDelaware

Title12

PartFiduciary Relations

Ch. 35TRUSTS

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

This text of Delaware § 3588 (Consent, release, ratification, or indemnification in favor of a trustee [For application of this section, see 81 Del. Laws, c. 320, § 8]) 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, § 3588 (2026).

Text

(a)A person may not hold a trustee liable for a breach of trust or other claim if the person consented to the conduct constituting the breach or other claim, released the trustee from liability for the breach or other claim, or ratified the transaction constituting the breach or other claim, unless:

(1)The consent, release or ratification of the person was induced by improper conduct of the trustee; or

(2)At the time of the consent, release or ratification, the person did not know of: a. The person's rights; or b. Material facts the trustee knew or should have known with the exercise of reasonable inquiry.

(b)A consent, release, ratification, or indemnification in favor of a trustee need not be supported by consideration.

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(a) A person may not hold a trustee liable for a breach of trust or other claim if the person consented to the conduct constituting the breach or other claim, released the trustee from liability for the breach or other claim, or ratified the transaction constituting the breach or other claim, unless:

(1) The consent, release or ratification of the person was induced by improper conduct of the trustee; or

(2) At the time of the consent, release or ratification, the person did not know of:

a. The person's rights; or

b. Material facts the trustee knew or should have known with the exercise of reasonable inquiry.

(b) A consent, release, ratification, or indemnification in favor of a trustee need not be supported by consideration.