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DE · rules

Del. Ch. Ct. R. 102

Form of Consents to the Relief Sought in the Petition

activein force · 2012-05-01 – presentact-effective-date

(a) Consents to the relief sought in the petition shall be

submitted in the following form:

(1) Each consent shall have a signature line with the

name of the individual signing the consent typed or

printed underneath.

(2) Each consent shall be executed by (i) the

beneficiary personally; (ii) the beneficiary’s attorney ad

litem; (iii) a person authorized to represent the

beneficiary under 12 Del. C. § 3547 or any successor

statute; or (iv) a person authorized by applicable law to

represent the beneficiary as to the petition (such as, but

not limited to, the beneficiary’s attorney-in-fact or the

Attorney General in the case of certain charitable

beneficiaries).

(3) Each consent shall be acknowledged by a person

authorized to notarize documents (or a similar official if

a document is signed in a foreign jurisdiction) unless

there is justifiable cause why the consents cannot be

acknowledged and the Court waives the requirement of

an acknowledgment by separate order.

(4) Each consent shall affirm that the party executing

the consent has been provided with the petition and all

disclosures and documents required by Court of

Chancery Rules 100(b), 100(c), and 101, and has

received, read, understood, and been provided with an

opportunity to consult with counsel regarding the

consent and the materials provided.

(5) A consent may, but need not, waive notice of draft

reports, reports, hearings or other matters relating to

the petition.

(6) Each consent shall include a statement in which

the consenting party consents to the jurisdiction of the

courts of this State as a proper forum for (i) the

resolution of all matters pertaining to the

administration of the trust for so long as the situs of the

trust is Delaware and (ii) any future matters arising out

of or relating to the subject matter of the petition.

(b) A statement of non-objection is deemed a consent for

purposes of this Rule.

History

Added, effective May 1, 2012.

Provenance

Source
courts.delaware.gov
Retrieved
2026-09-23
Edition
2026-09-23
Content hash
d91c266dc50499488f1bce143b49aa196a7ed0e3d629fa82672baf99c4538b1b
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