Rule 104. Consent Petition Proposed Orders and Application of Rules

(a) The party submitting the consent petition shall file contemporaneously a separate order for each request sought in the consent petition. Proposed orders for multiple individuals, beneficiaries, or other interested parties are not permissible and a separate proposed order for each individual, beneficiary, or interested party must be submitted with the consent petition. The initial filing fee for a consent petition will include the cost of filing one proposed order. If more than one proposed order is submitted with a consent petition, an additional fee equal to the fee charged for filing one proposed order shall be charged for each additional proposed order submitted.

(b) Rules 100 through 104 of Section XII shall apply to any matter before the Court of Chancery in which the relief sought includes a modification of a trust, whether by means of a consent petition, civil action, court approved settlement or otherwise. For purposes of this rule, "modification of a trust" shall not include the severance or division of a trust, the merger of a trust, a distribution from a trust, or the appointment of a fiduciary of a trust if, by the terms of the trust instrument or applicable law, such action is permissible without court intervention, unless the parties seek court approval of such action. History. Added, effective Dec. 1, 2012.