SENATE BILL NO. 248
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 35, PART IV, TITLE 12 OF THE DELAWARE CODE RELATING TO TRUSTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 35, Part IV, Title 12 of the Delaware Code by adding a new section thereto to read as follows:
"§3541. Administration of Charitable Trusts
If at any time during the administration of a charitable trust (whether testamentary or inter vivos) governed by the laws of this State, the charitable purpose for which was created becomes indefinite or impossible or impractical of fulfillment, or if such a charitable purpose shall not have been fulfilled for want of a trustee or because of the failure of a trustee to designate such a purpose, then, absent an express provision to the contrary in the trust's governing instrument, the Court of Chancery shall order the administration of the trust for such a charitable purpose, or the distribution of the trust to such a charitable entity, as fulfills as nearly as possible the intention of the trust's creator, whether his charitable intent was general or specific. The Court of Chancery may issue such an order on application of the Attorney General of this State, the trustee, the creator of the trust, or any interested person or organization, but, when the Attorney General is not the petitioner, only after proof of notice to the Attorney General."
Section 2. This Act shall be considered and construed as a codification of the existing common law of this State.
Approved July 7, 1979