Appendix of Exhibits to Consent Petition

(a) The party submitting the consent petition shall file contemporaneously an appendix of exhibits containing all documents relevant to the Court’s review of the petition, including but not limited to: (1) The current trust instrument; (2) The terms of any proposed modification of the trust’s governing instrument; (3) A blacklined version of the proposed modified trust instrument indicating plainly in what respect the proposed modified trust instrument differs from the current trust instrument; (4) A clean version showing how the proposed modified trust instrument will read if the consent petition is granted; (5) Any orders relating to the trust instrument; (6) A family tree or other document showing the relationship to the trustor of those having a beneficial interest in the trust; and (7) Consents or statements of non-objection to the relief sought in the petition from all whose interest in the trust is affected by the petition, which may include, but shall not be limited to, consents from: (i) Trustees and other fiduciaries, unless they have otherwise signified their consent or non-objection to the petition by acting as a petitioner or accepting a fiduciary position; (ii) Trust beneficiaries, who will generally be those with a present interest in the trust and those whose interest in the trust would vest, without regard to the exercise or non-exercise of a power of appointment, if the present interest in the trust terminated on the date the petition is filed; (iii) The trustor of the trust, if living; and (iv) All other persons having an interest in the trust according to the express terms of the trust instrument (such as, but not limited to, holders of powers and persons having other rights, held in a nonfiduciary capacity, relating to trust property). History. Added, effective May 1, 2012; amended, effective Dec. 1, 2012. Rule 102. Form of Consents to the Relief Sought in the Petition (a) Consents to the relief sought in the petition shall be submitted in the following form: (1) Each consent shall have a signature line with the name of the individual signing the consent typed or printed underneath. (2) Each consent shall be executed by (i) the beneficiary personally; (ii) the beneficiary’s attorney ad litem; (iii) a person authorized to represent the beneficiary under 12 Del. C. § 3547 or any successor statute; or (iv) a person authorized by applicable law to represent the beneficiary as to the petition (such as, but not limited to, the beneficiary’s attorney-in-fact or the Attorney General in the case of certain charitable beneficiaries). (3) Each consent shall be acknowledged by a person authorized to notarize documents (or a similar official if a document is signed in a foreign jurisdiction) unless there is justifiable cause why the consents cannot be acknowledged and the Court waives the requirement of an acknowledgment by separate order. (4) Each consent shall affirm that the party executing the consent has been provided with the petition and all disclosures and documents required by Court of Chancery Rules 100(b), 100(c), and 101, and has received, read, understood, and been provided with an opportunity to consult with counsel regarding the consent and the materials provided. (5) A consent may, but need not, waive notice of draft reports, reports, hearings or other matters relating to the petition. (6) Each consent shall include a statement in which the consenting party consents to the jurisdiction of the courts of this State as a proper forum for (i) the the of all matters pertaining resolution administration of the trust for so long as the situs of the trust is Delaware and (ii) any future matters arising out of or relating to the subject matter of the petition. to (b) A statement of non-objection is deemed a consent for purposes of this Rule. History. Added, effective May 1, 2012.