Methods For Modifying Trusts Under Delaware Law

Delaware has become a favored jurisdiction for trusts for many reasons, perhaps most notably due to the flexibility and administrative advantages afforded by Delaware law. Individuals from across the country, and even internationally, have increasingly begun to use Delaware situs trusts to accomplish their planning objectives. In many cases, individuals with existing irrevocable trusts with a non-Delaware situs will seek to move the situs of the trust from another jurisdiction to Delaware in order to take advantage of certain aspects of Delaware law. The purpose of this article is to discuss the various techniques available for migrating a non-Delaware situs trust to Delaware and modifying or reforming certain provisions of the governing instrument.