Del. R. Ch. Ct. 103

As amended through November 14, 2024
Rule 103 - Consent Petitions Appending Consents Under 12 Del. C. Section 3547
(a) In addition to complying with Rules 100-102, every petition to modify a trust by consent that includes one or more consents being given on behalf of any beneficiaries by representation under 12 Del. C. § 3547, or any successor statute, shall address with particularity the process used to obtain the required contests, including the information provided to the parties giving consent.
(b) Each consent executed under 12 Del. C. § 3547, or any successor statute, shall include a reference to the statute, state the relationship of the person signing the consent to those represented, certify that no material conflict of interest exists between the consenting party and the person(s) represented, including any of the factors set forth in subsection (c) of this Rule, and include in the signature block the name of the person signing the consent, the class of those persons represented, and the relationship between the person signing the consent and the class of persons represented.
(c) Any petition falling under this Rule shall contain a certification, signed by the senior Delaware attorney involved in the matter and the senior out-of-state attorney, if any, involved in the matter, certifying to the best of their knowledge that, after good faith investigation, the person purporting to consent for others by representation:
(1) Will not, as a result of the relief sought in the petition, be appointed to a fiduciary or nonfiduciary office or role relating to the trust;
(2) If already serving a fiduciary or nonfiduciary office or role relating to the trust, will not as a result of the relief sought in the petition receive greater authority, broader discretion, or increased protection, including but not limited to any limitation on, exculpation from, or indemnification for any existing or potential future liability; and
(3) Does not have an actual or potential conflict of interest with those persons represented relating to the relief sought in the petition, including but not limited to conflicts relating to differing investment horizons or an interest in present income over capital growth.

Del. R. Ch. Ct. 103