Delaware § 3345 - Beneficiary well-being trust.

§ 3345. Beneficiary well-being trust.

(a) This section applies to any trust the governing instrument of which makes express reference to this section and states that this section, or any part of this section, shall apply. A trust that makes such a reference to this section is known as a “beneficiary well-being trust” and is deemed to include the powers, duties, rights, and interests of the beneficiaries, trustees, and advisers, within the meaning of “advisers” under § 3313 of this title, as provided in this section.

(b) As used in this section, “beneficiary well-being programs” means seminars, courses, programs, workshops, counselors, personal coaches, short-term university programs, group or 1-on-1 meetings, counseling, family meetings, family retreats, family reunions, and custom programs, all of which having 1 or more of the following purposes:

(1) Preparing each generation of beneficiaries for inheriting wealth by providing the beneficiaries individually or as a group with multigenerational estate and asset planning, assistance with navigating intergenerational asset transfers, developing wealth management and money skills, financial literacy and acumen, business fundamentals, entrepreneurship, knowledge of family businesses, and philanthropy.

(2) Educating beneficiaries about the beneficiaries’ family history, the family’s values, family governance, family dynamics, family mental health and well-being, and connection among family members.

(c) The trustees of a beneficiary well-being trust shall provide (or if applicable, the advisers shall direct the trustees to provide or shall consent to the trustees’ decision to provide) the beneficiaries individually or as a group with beneficiary well-being programs at such times and in such manner as set forth in the provisions of the governing instrument, or in the absence of such provisions, then at such times and in such manner as the trustee or adviser, as applicable, may determine is appropriate, in accordance with § 3315 of this title.

(d) Subject to applicable fiduciary duties, the trustees of a beneficiary well-being trust shall pay (or if applicable, the advisers shall direct the trustees to pay or shall consent to the trustees’ decision to pay) from the trust the costs and expenses of beneficiary well-being programs.

(1) The payments under this subsection are an expense of administration of the trust to the extent permitted by law.

(2) A trustee itself may provide (or if applicable, the advisers may direct the trustee to provide or may consent to the trustee’s decision to provide) beneficiary well-being programs, and may select, hire, retain, and pay (or if applicable, the advisers may direct the trustee to do so or may consent to the trustee’s decision to do so) providers of beneficiary well-being programs whether or not the providers are third parties or affiliates of the trustee or adviser within the meaning of § 3312 of this title.

(3) If the governing instrument expressly so provides, each provider of beneficiary well-being programs is entitled to payment for providing a beneficiary well-being program, and a trustee (or if applicable, an adviser) is entitled to the full compensation to which the trustee or adviser is otherwise entitled as trustee or adviser without diminution for the fees and costs of the beneficiary well-being program, without prior notice or prior disclosure to any beneficiary of the trust.

(e) To effectuate this section, the governing instrument may provide for additional powers, duties, rights, and interests that may expand the purpose or scope of a beneficiary well-being program.

84 Del. Laws, c. 391, § 7;  85 Del. Laws, c. 383, § 6;