Liability of trustee in absence of breach.
Del. Code tit. 12, § 3583
in effect(a) Except to the extent a trustee realizes a profit from conduct expressly permitted by law or the terms of the trust, a trustee is accountable to a beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust.
(b) Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for the failure to make a profit.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title12/c035/sc07/index.htmlFetched: 10/4/2026
