Del. Code 12, § 3315 : Decedents' Estates And Fiduciary Relations — Administrative Provisions — Trustee's exercise of discretion; review by court; discretionary interests Date: 15 Aug 2016 TEXT PDF Current through 2016 Legislative Session, Act 399 (a) Where discretion is conferred upon the fiduciary with respect to the exercise of a power, its exercise by the fiduciary shall be considered to be proper unless the court determines that the discretion has been abused within the meaning of § 187 of the Restatement (Second) of Trusts, not §§ 50 and 60 of the Restatement (Third) of Trusts. (b) A beneficiary eligible to receive distributions from a trust in the trustee's discretion has a discretionary interest in the trust. A creditor may not directly or indirectly compel the distribution of a discretionary interest except to the extent expressly granted by the terms of a governing instrument in accordance with § 3536(a) of this title. Del. C. § 3315 76 Del. Laws, c. 254, § 7.;