Del. Ch. Ct. R. 109

(a) If bond, with or without surety, is required by the

Court in the order appointing a guardian or trustee, each

such guardian or trustee and each trustee named in a will

shall before acting as guardian or trustee or being qualified

to act as such give bond or recognizance with any such

surety approved by the Court in such amount as the Court

shall fix. The Court may waive bond or surety.

(b) In the case of a testamentary trust, if the person

designated as trustee is a nonresident of this State or is a

corporation which has neither incorporated nor qualified to

do business under the laws of this State, then before

beginning duties as trustee or being qualified as such, such

trustee shall file in the office of the Register in Chancery

an irrevocable power of attorney designating the Register

in Chancery and the Register in Chancery’s successors in

office as the person upon whom all notices and process

issued by any court of this State may be served, with like

effect as personal service, in relation to any suit, matter,

cause or thing affecting or pertinent to the trust. The

Register in Chancery shall forward forthwith to the

trustee, by registered or certified mail, any notice or

process served upon the Register in Chancery.

(c) When the will creating the trust relieves the

testamentary trustee from giving bond, the court may

require that bond be given if it finds that circumstances

warrant a disregard of the testator’s direction.