Section 3338 - Nonjudicial settlement agreements [For application of this section, see 79 Del. Laws, c. 172, Section 6; 80 Del. Laws, c. 153, Section 5; 80 Del. Laws, c. 340, Section 2; 81 Del. Laws, c. 149, Section 6; 81 Del. Laws, c. 320, Section 8](a) For purposes of this section, "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the Court of Chancery. With respect to any nonjudicial settlement agreement regarding a trust, the term "interested persons" means all whose interest in the trust would be affected by the proposed nonjudicial settlement agreement, which may include: (1) Trustees and other fiduciaries;(2) Trust beneficiaries, who will generally be those with a present interest in the trust and those whose interest in the trust would vest, without regard to the exercise or nonexercise of any power of appointment, if the present interests in the trust terminated on the date of the nonjudicial settlement agreement; provided, however, that if the trustor is a party to the nonjudicial settlement agreement, and if the nonjudicial settlement agreement alters any beneficial interest in the trust, then the trust beneficiaries are all beneficiaries having an interest in the trust;(3) The trustor of the trust, if living; and(4) All other persons having an interest in the trust according to the express terms of the governing instrument (such as, but not limited to, holders of powers of appointment over trust property, holders of powers to remove or appoint fiduciaries or nonfiduciaries with respect to the trust, and persons having other rights, held in a nonfiduciary capacity, relating to trust property).(b) Except as otherwise provided in subsection (c) of this section, interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust .(c) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust, and if applicable, does not change the trust's purpose in a manner that would violate subsection (b) of §3303 of this chapter if the change was effected by court order; provided, however, that this subsection shall not apply in cases where the trustor is a party to the nonjudicial settlement agreement.(d) If the trustor is a party to the nonjudicial settlement agreement, then unless the trustor, or a person acting on behalf of the trustor, confirms in writing that the transfer in trust is an incomplete gift for federal gift tax purposes, the trustor may not represent and bind any beneficiary (other than the trustor) with respect to the nonjudicial settlement agreement, notwithstanding any provision in the governing instrument, or applicable law, that provides that the trustor may represent or bind one or more beneficiaries.(e) Matters that may be resolved by a nonjudicial settlement agreement include: (1) the interpretation or construction of the terms of the trust;(2) the approval of a trustee's report or accounting;(3) the direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;(4) the resignation, removal, or appointment of a trustee and the determination of a trustee's compensation;(5) the transfer of a trust's principal place of administration; and(6) the liability of a trustee for an action relating to the trust.(f) Any interested person may bring a proceeding in the Court of Chancery to interpret, apply, enforce, or determine the validity of a nonjudicial settlement agreement adopted under this Section, including but not limited to determining whether the representation as provided in § 3547 of this title was adequate.Amended by Laws 2019, ch. 278,s 1, eff. 8/6/2020.Amended by Laws 2019, ch. 52,s 1, eff. 6/19/2019.Amended by Laws 2017, ch. 320,s 4, eff. 7/11/2018.Amended by Laws 2017, ch. 149,s 1, eff. 8/30/2017.Amended by Laws 2015, ch. 340,s 1, eff. 7/29/2016.Amended by Laws 2015, ch. 153,s 3, eff. 8/1/2015.Added by Laws 2013, ch. 172,s 2, eff. 8/6/2013.