As amended through June 13, 2024
Rule 109 - Bond by Guardian or Trustee; Power of Attorney(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.