September 2025 Newsletter
From The Certified Elder Law Attorney's Desk:
Trust Modifications Using Delaware’s Sophisticated Trust Statutes:
Not Just for the Rich and Famous
Delaware Trust Act 2025
By: Catherine B. Read Esquire, CELA*
On August 21, 2025, Delaware Governor Meyer signed into law this year’s set of annual updates to Delaware’s sophisticated trust statutes. It is called the Trust Act 2025. How the Trust Act comes into existence each year is pretty interesting. It’s like Delaware corporate law. Delaware attorneys specializing in Trusts and Estates, who use Delaware’s premier statutes and case law for sophisticated transactions, get together months ahead. They form a committee called the Trust Act Committee. They discuss problems or clarifications arising for their clients over the past year and recommend statutory amendments. The purpose is to stay cutting-edge and to help Delaware keep its national preeminent reputation for Trusts and Estates law.
That Trust Act Committee reports to its authorizing body, the Estates and Trusts Section of the Delaware State Bar Association, who first approves the Trust Act. A series of required approvals ensues, culminating in passage by the General Assembly and signing by the Governor.
The point is, the Trust Act begins with the skilled attorneys who are working with the statutes and case law. Actually, the Trust Act begins with their clients:...