In Brown v. Rembert,  2008 Del. Ch. LEXIS 180 (Dec. 11, 2008), the Chancery Court was presented with a motion on the eve of trial that raised the issue of whether the claims were within the court’s limited jurisdiction. This detailed post-trial opinion explains why the claims for breach of fiduciary duty related to the use of a Power of  Attorney, between a formerly married couple, must be presented  to the Delaware Family Court, and therefore, cannot be adjudicated in Chancery Court. See generally, Section 342 of Title 10 of the Delaware Code.

Footnote 69 makes it clear that the issue of  Chancery’s subject matter jurisdiction is so fundamental that it can be raised at any time prior to final judgment.