Delaware Law Authorizes Electronic Execution of Trust DocumentsDelaware Law Authorizes Electronic Execution of Trust Documents

In 2021, Delaware enacted 12 Del. C. Section 3550 Electronic Execution of Documents (the Delaware Statute), which explicitly authorizes the electronic execution of trust agreements and other trust-related documents, such as decanting declarations, merger instruments and nonjudicial settlement agreements (NJSAs). The Delaware Statute is the first (and so far, only) statute of its kind. It references and builds on the Uniform Electronic Transaction Act (UETA), which has been enacted in 49 states and the District of Columbia. The UETA validates the use of electronic signatures and applies to transactions “between two or more persons relating to the conduct of business, commercial, or governmental affairs.” However, the UETA excludes transac...