Your future is our focus.

Greenleaf Trust Delaware offers specialized disciplines in wealth management, trust administration, retirement plan administration and family office services. As a privately held and managed trust-only bank, our independence frees us from conflicts of interest and ensures our clients’ well-being is at the center of all our decisions.

We provide clients and their advisors, accountants and attorneys the ability to leverage Delaware’s modern trust laws. When creating or moving a trust to Delaware, utilizing a trust-friendly jurisdiction could have a long-lasting impact.

Reasons to have a trust administered in Delaware:

 

Delaware’s history

Delaware offers a premier trust environment through its sophisticated Court of Chancery and a long-standing, innovative legal infrastructure.

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Delaware’s Court of Chancery is remarkably experienced in trust administration, having established its infrastructure in 1792. Delaware has well-developed and innovative laws with regard to trusts and their administration, as well as a highly supportive legislature, legal and banking community.

Silent trusts permitted

Delaware law permits grantors to utilize silent trusts to strategically limit or delay beneficiary notification for a specified period.

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Delaware law allows grantors to create silent trusts in that the language of the trust may vary or eliminate a beneficiary’s right to be informed of the trust for a period of time. The trust instrument must specify to which extent the trust is silent. While Delaware’s statute does not require any particular time period after which the silent period should end, examples are provided in the applicable provisions of the Delaware statute. Most practitioners believe a reasonable time period should be used. The trust will include provisions to allow the appointment of a Designated Representative that will represent and bind the beneficiaries during the silent period. Additionally, the trust can provide guidance to the trustee on how to handle disclosures if a beneficiary learns of the trust’s existence during the silent period.

Ease of modification of irrevocable trusts

Delaware law provides flexible pathways to effectively modify or update irrevocable trusts as circumstances evolve.

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The most common methods available under Delaware law to modify an irrevocable trust are:

  1. Nonjudicial settlement agreement
  2. Decanting
  3. Trust merger
  4. Administrative or trust protector
  5. Consent petition. The circumstances and facts that surround the desire to modify the trust will determine which method is best to accomplish the desired result.

Avoid state income taxes

Delaware offers significant tax savings for non-Delaware residents.

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Delaware allows trustees significant tax savings for irrevocable trusts created by and benefiting non-Delaware residents.

Directed trusts permitted

Delaware has a directed trust statute that permits trustees to take direction on both investments and distributions.

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Delaware has a “directed trust” statute, which allows trustees to be directed on investments as well as distributions. A directed trustee on investments permits the trustee to make investment decisions as directed by a third party investment advisor named in the trust. Delaware’s directed trust law also covers distributions and other decisions and relieves a directed trustee from the duty to monitor the advisor’s conduct.

Spendthrift trusts protect assets

Delaware spendthrift clauses provide robust creditor protection while allowing trustees to maintain discretionary distributions for beneficiary expenses.

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A Delaware trust that contains a spendthrift clause provides its beneficiaries substantial protection from creditor claims. In addition, the trustee may exercise discretion to pay the trust beneficiary’s ongoing expenses, even if it is aware there is an existing judgment creditor.

Asset protection trusts permitted

Delaware asset protection trusts shield a grantor’s assets from creditors while still allowing them to receive discretionary distributions.

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Delaware allows a grantor to create a self-settled or asset-protection trust, in which trust assets are protected even if the grantor receives money from the trust they created. A Delaware Asset Protection Trust is the perfect vehicle to shield assets if a grantor either owns substantial assets outright or the grantor is engaged in a high-risk profession or activity.

Trust distribution flexibility without court involvement

Delaware law allows trustees to redefine income through unitrust conversions or the "power to adjust," ensuring distribution flexibility and long-term growth without court involvement.

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Over the years, income beneficiaries of irrevocable trusts have seen their distributions decrease primarily due to declining income yields. As a result, Delaware’s laws allow trustees to redefine income in trusts to satisfy long-term growth goals and ongoing income needs of beneficiaries.

Delaware has enacted the Total Return Unitrust Statute which gives trustees discretion to convert an income trust to a total return unitrust with proper notice to the current and remainder beneficiaries. If no one objects within 30 days of receipt of the notice, the trustee is permitted to convert the trust to a unitrust without court involvement. Under the law, the trustees invest the assets of the trust for the total return of the portfolio. Rather than distributing the income earned in the trust to the current beneficiary, the statute allows the trustee to pay a percentage of the value of the trust ranging between 3% and 5% as a unitrust payment to the current beneficiary. If desired, the total return unitrust can be converted back to an income trust with no court involvement.

Also, Delaware enacted the “power to adjust” statute that grants a trustee discretion to allocate income to principal, or principal to income, to the extent the trustee considers that allocation necessary to administer the trust. Certain factors enumerated in the statute are relevant to the trust and its beneficiaries that the trustee must consider when it decides whether and to what extent to exercise the power to adjust.

Trusts can be perpetual

Delaware permits perpetual trusts for personal property, which can include real estate held within a limited liability entity.

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Delaware allows the creation of trusts funded with personal property to remain in trust in perpetuity. Real property held in trust continues to be governed by a 110-year limitation, but this limitation may be avoided simply by placing real property in a limited liability company or family limited partnership because an interest in one of these entities is personal property under Delaware law.

 

Disclaimer: Greenleaf Financial Holding Company and its subsidiaries do not provide legal, tax or accounting advice. Please consult your legal, tax or accounting advisors to determine how this information may apply to your own situation.

Delaware Benefits Letter

Teaming with Experience.

Wealth Management FAQs

How does Delaware wealth management differ from other states?

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Delaware offers unique advantages like no state income tax on trusts for out-of-state beneficiaries and flexible directed trust statute. Greenleaf Trust Delaware combines these legal benefits with our trust-only fiduciary model, providing a conflict-free environment to grow and protect your family’s wealth across generations.

Why is independence important for Delaware wealth planning?

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Our independence as a privately held, trust-only bank means we have no proprietary products or lending conflicts. This ensures that every investment decision is made solely to meet your specific financial goals, leveraging Delaware’s progressive laws to maximize your portfolio’s efficiency and long-term security.

Can I work with Greenleaf Trust Delaware if I live elsewhere?

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Yes. You do not need to be a Delaware resident to benefit from its trust laws. Greenleaf Trust Delaware serves clients nationwide, allowing you to move existing trusts or establish new ones in Delaware to take advantage of superior tax savings and enhanced asset protection.

What is a consultative approach to wealth management?

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Our consultative approach means we listen first, then guide. We engage in a continual dialogue with you and your advisors to create a personalized plan. Success isn’t measured against a market index, but by your ability to achieve personal, philanthropic and dynastic financial milestones.

How does Greenleaf manage risk in Delaware portfolios?

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We use rigorous, unbiased in-house research to construct portfolios that align with your risk tolerance. By utilizing Delaware’s favorable statutes for investment flexibility, we can employ sophisticated sub-asset allocations and tactical shifts to protect your capital while pursuing long-term, goal-based growth.

How do you support nonprofit spending policy analysis?

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We provide data-driven analysis to help boards develop sustainable spending policies. By balancing your current mission needs with long-term capital growth, we ensure your endowment remains a permanent resource, leveraging our independent research to optimize returns in a tax-efficient manner.

Does Greenleaf Delaware offer ESG or SRI investing?

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Yes. We help institutions align their portfolios with their mission through Sustainable, Responsible and Impact (SRI) investing. We provide the tools to screen for ESG factors, allowing your foundation or nonprofit to pursue financial goals that are consistent with your organizational values and ethical standards.

Trust Administration (Delaware Overview & Benefits) FAQs

What are the benefits of a Delaware Directed Trust?

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A Delaware Directed Trust allows you to unbundle trustee roles. You can appoint an investment advisor of your choice to manage assets while Greenleaf Trust Delaware handles the professional administration. This provides the ultimate balance of personal control and institutional fiduciary oversight.

 

How does Delaware law protect trust assets from creditors?

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Delaware is renowned for its robust asset protection laws. By utilizing a Delaware spendthrift trust or a self-settled asset protection trust, Greenleaf Trust can help shield your family’s wealth from potential creditors and legal claims, ensuring your legacy remains intact for your heirs.

What is a Silent Trust in Delaware?

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A Silent Trust allows a grantor to restrict a trustee from disclosing the trust’s existence or assets to beneficiaries for a period of time. Greenleaf Trust Delaware can administer these trusts to protect family privacy and prevent the knowledge of wealth from impacting a beneficiary’s personal development.

Can I move an existing trust to Greenleaf Trust Delaware?

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Yes. Moving a trust to Delaware allows you to modernize an older trust’s provisions. Greenleaf Trust Delaware works with your legal team to relocate your trust, potentially unlocking significant tax savings and more flexible administrative rules available under Delaware’s modern statutes.

How does Delaware allow trusts to last forever?

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Delaware has abolished the Rule Against Perpetuities for personal property, allowing for the creation of Dynasty Trusts. Greenleaf Trust Delaware can manage these enduring vehicles to provide for your family indefinitely, avoiding the generational tax that typically occurs every few decades in other states.

Why should a foundation use a Delaware trustee?

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Delaware’s Court of Chancery provides a deep history of stable and predictable case law for trusts. Choosing Greenleaf Trust Delaware as a trustee offers foundations a secure, neutral environment with sophisticated reporting and mission-aligned investment strategies designed to sustain your organization indefinitely.

Does Greenleaf Trust Delaware offer ERISA fiduciary services?

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Yes. We serve as a 3(38) or 3(21) fiduciary, assuming legal responsibility for investment selection and monitoring. This mitigates personal liability for business owners and ensures that your company’s retirement plan is managed with the same independence and rigor as our private wealth accounts.

How do transparent fees impact my company's 401(k)?

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Our transparent, fee-only structure eliminates hidden revenue-sharing and third-party commissions. This ensures that more of your employees’ money stays invested, potentially leading to higher retirement balances and helping plan sponsors fulfill their fiduciary duty to keep plan costs reasonable and competitive.

Can you customize retirement plans for high-compensation tiers?

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We provide specialized consulting to design plans that meet the needs of all employees while offering sophisticated options for high earners. By leveraging our in-house expertise, we help you build a plan that serves as a powerful tool for attracting and retaining top-tier professional talent.

What participant education is offered in Delaware?

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We believe financial security comes through education. Our team provides one-on-one coaching and group seminars to help your employees make informed decisions. This consultative service model increases plan engagement and helps your workforce build a more secure path toward their individual retirement goals.

How does your independence improve my retirement plan?

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Because we are an independent, trust-only bank, we do not use proprietary funds. This open architecture allows us to select best-in-class investments from across the entire market, ensuring your retirement plan’s menu is chosen solely for its performance and suitability for your employees.

 

The Family Office FAQS

How does The Family Office leverage Delaware law?

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Our Family Office combines Delaware’s flexible trust laws with holistic wealth management. We coordinate complex structures like private foundations and family businesses, utilizing Delaware’s favorable tax and privacy environment to streamline your family’s global financial footprint and ensure long-term stability.

Does Greenleaf provide family governance and education?

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Yes. We facilitate family meetings and provide financial literacy programs to prepare the next generation. By establishing governance frameworks in a trust-friendly state like Delaware, we help your family maintain a shared vision and mission, ensuring your legacy is preserved through clear communication.

What is a Chief of Staff approach to family wealth?

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We act as a central hub for your family, coordinating with your attorneys and CPAs. Our Family Office manages everything from investment oversight and philanthropic strategy to lifestyle services like bill pay, providing you with the peace of mind that every detail is being professionally managed.

How can Delaware trusts help with philanthropic goals?

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Delaware’s modern trust laws offer unique flexibility for charitable remainder trusts and private foundations. We help you optimize these vehicles for both impact and tax efficiency, ensuring your philanthropic legacy is executed exactly as intended while maximizing the benefits to the causes you support.

How does Greenleaf handle business succession in Delaware?

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We assist families in navigating the complexities of transitioning a family business. By utilizing Delaware’s sophisticated trust laws, we help create structures that protect the company’s value while providing liquidity and financial security for family members during the transition