In Delaware, what is essential for a testamentary trust to be valid?

For a testamentary trust to be valid in Delaware, it is essential that it be created through a valid will. A testamentary trust is one that is established within the provisions of a will and comes into effect upon the death of the testator. This means that the trusting scheme is only activated by the express instructions and legal framework provided in the will.

In Delaware, the requirements for a valid will are strictly defined, and these standards ensure that the testamentary trust aligns with the decedent's intentions when they pass away. The trust's terms, including how it shall be administered, who the beneficiaries are, and how the trust assets are to be managed, need to be clearly outlined in the will in order to be enforceable.

Other options presented do not reflect necessary requirements for the validity of a testamentary trust. For instance, there is no requirement for a testamentary trust to be recorded with the county clerk, nor does it need to be managed by an attorney to remain valid. Additionally, funding the trust during the grantor's life pertains more to inter vivos trusts rather than testamentary trusts, as testamentary trusts are specifically funded with assets upon the death of the grantor.