Delaware § 609 - Disclaimer of power held in fiduciary capacity.
Full text of Delaware Delaware Code § 609 — Disclaimer of power held in fiduciary capacity., with citation guidance and answers to common questions.
§ 609. Disclaimer of power held in fiduciary capacity.
If a holder who is a fiduciary disclaims a power held in a fiduciary capacity, the following rules apply:
(1) If the fiduciary holder has not previously exercised the power held in a fiduciary capacity the disclaimer of the power takes effect as of the time the instrument creating the power becomes irrevocable.
(2) If the fiduciary holder has previously exercised the power held in a fiduciary capacity the disclaimer of the power takes effect immediately after the last exercise of the power.
(3) A disclaimer under this section is effective as to another fiduciary and is binding upon the estate, trust or other person for whom the fiduciary is acting as limited by Delaware law unless otherwise stated within the instrument.
63 Del. Laws, c. 448, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 302, § 1;Source: official Delaware text · Last verified 2026-08-27
Frequently Asked Questions About Delaware § 609
What does Delaware Code § 609 cover?
Section 609 ("Disclaimer of power held in fiduciary capacity.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Delaware § 609?
A common citation format is "Delaware Code § 609" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Delaware law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.
How does Delaware § 609 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.