The following information summarizes Delaware's will requirements to ensure that your will is legally valid and enforceable.
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Table of Contents
Will Requirements in Delaware
Important Notes
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The declarant must be legally adult, competent, and of sound mind
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Must make a written declaration
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Declarant in terminal condition must be confirmed in writing by 2 physicians
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The document must be signed by the declarant or another person in the declarant’s presence and at his express direction
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The document must be dated
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Must be signed before 2 or more adult witnesses who state in writing that they are not prohibited from being a witness
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Not effective when the declarant is pregnant
Legal Code
Age of Testator
- 18 years or older “of sound mind”
Number of Witnesses
- 2 generally competent persons
Oral (Nuncupative) Wills
- Not mentioned
Holographic (Handwritten) Wills
- Not mentioned
Revocation of Wills
- “A last will and testament, or any clause thereof, shall not be altered, or revoked, except by canceling by the testator, or by some person in the testator’s presence and by the testator’s express direction, or by a valid last will and testament, or by a writing signed by the testator, or by some person subscribing the testator’s name in the testator’s presence and by the testator’s express direction, and attested and subscribed in the testator’s presence by 2 or more credible witnesses; but this clause shall not preclude nor extend to an implied revocation.” – § 208. Revocation of wills generally.
Creating Your Will
Creating a will is a crucial step in estate planning, and there are three main ways to do it: with a lawyer, through an online service, or by doing it yourself. Each option caters to different needs and budgets, offering flexibility to choose what works best for you, depending on your unique circumstances and the complexity of your estate.
Create Your Will With A Lawyer's Assistance
Comprehensive estate planning goes far beyond just having a will or a trust. It should also include the collection and management of information your next-of-kin and loved ones may need to carry out your wishes.
Create Your Will With An Online Service
Working with a lawyer provides personalized legal advice and ensures that your will is legally sound and tailored to your specific situation. This option is ideal for those with complex estates, large assets, or unique family situations. While it may be the most expensive option, the peace of mind and comprehensive legal guidance can be invaluable.
Create Your Will on Your Own: Do-It-Yourself
Creating a will on your own is the most affordable option and can work well for those with simple estates and clear wishes. There are numerous resources available, including books and online guides, to help you through the process. However, it’s important to ensure that your will meets all legal requirements to avoid any issues down the line.
