If the creator does not mention a child born after the execution of the will and this child is not provided for in the will, this child may claim the estate of the deceased as if the deceased had died without a will. (b) A certified will that is considered valid under the provisions of this section shall be deemed self-proved, provided that: A will has basically the same function, regardless of where you live, but there may be deviations from the state. That`s why it`s important to follow state regulations when filling out your will, otherwise you`ll have an invalid will. Fortunately, if you create your will with LegalZoom, we make sure your will complies with your state`s regulations. However, you may want to know how a will works in your state. The legal requirements for drafting a will in Delaware can be found at 12 Del.C. Section 201. See below for basics. A will made in Delaware must be signed in front of two credible witnesses who must sign even brief certificates attesting that they witnessed the testator`s signature. However, unlike many states, anyone who is generally able to serve as a witness can do so, even if those who are entitled to receive property based on the will.
The Delaware Code states that witnesses must come to the estate and verify the validity of the will, but if witnesses are not available, verification of their signatures is sufficient. If the signature of one of the witnesses cannot be verified but the other can, verification of the testator`s signature is sufficient. (2) It must be executed in accordance with the requirements of the law necessary to draw up a self-proved will in the jurisdiction where such a will is made at the time of the voluntary evidence; or In addition to testamentary trusts (i.e., trusts created by a will) that provide benefits to individuals), Delaware law expressly permits the formation of a trust to provide care for an animal or animals during the life of the settlor. A Delaware will gives you the option to set up this type of pet trust, which ends with the death of the animal or animals named in the trust. Someone who dies without a will is called an «intestate,» who invokes the strict laws of intestate. In Delaware, in the absence of a will, a surviving spouse`s share depends on whether there are also surviving children or relatives of the deceased. If neither exists, the surviving spouse inherits the entire estate. Unlike some states that may recognize oral wills in certain situations, a will must be written to be validly enforced in Delaware. According to the Delaware Code, a valid will can be handwritten or in another written format. It can also be in any language, as long as it is written in writing.
The testimony of witnesses must also be made in writing. The testator – the person to whom the will belongs – must sign the document or ask someone to sing his name in his presence according to his express instructions. Common sense usually means that you are aware of your actions when you make the will. Specifically, this means that when making a will, you understand that you are making a will, the type of property you own and to whom you bequeath your property. Even a person with dementia or Alzheimer`s can be considered healthy if they are clear at the time of signing. If a testator feels that there may be doubts about his mental capacity at the time of signing, a letter from a doctor confirming mental capacity may be attached to the will. Anyone who is 18 years of age or older, in good health and has a sound mind and memory can make a will for real estate and personal property. No person under the age of 18 may be able to draw up a will for real estate or personal property. 12 Del.C.
Section 201. A will is taken for granted and is considered valid if it meets certain legal requirements. To prove their case, witnesses must complete an affidavit and have it notarized. The text of the affidavit is contained in Section 1305 of Title 12 of the Delaware Code. Affidavits can be made by witnesses before a notary either at the time of execution of the will or at any time thereafter. The basic requirements for a Delaware will include the following: The legal description of the residential property covered by this deed is set out in Appendix A. With few exceptions, a will in Delaware allows the person making the will to dispose of personal and real estate in any way they choose. The real estate interests acquired after the drafting of the will are distributed in accordance with the terms of the will. A testator may dispose of personal property that is not included in the will in a separate written form if it is signed and evidenced in the manner generally required for wills and if it does not conflict with another valid will. Under Delaware law, a will can establish a testamentary trust consisting of estate assets held in the name of one or more beneficiaries. (b) A testator may inform in writing any person named in a will as beneficiary, any person who would have the right to inherit under Chapter 5 of this title if the testator had died at the time of such notification, and/or any other person whom he wishes to be bound of the validity of his will. The notice must contain a copy of the testator`s will and indicate that the person who wishes to contest the validity of the will must do so within 120 days of receiving the notice, unless the testator dies before the expiry of the 120-day period.
A person who receives such written notice and wishes to contest the will must bring an action in the Court of Chancery not later than 120 days after receiving the notice. This procedure follows procedures similar to those provided for in Article 1308 of this title for the reservation of a will. (a) A reservation to the admission of an act as a will must be received by the Court of Chancery at any time prior to the registration of an order of succession. Upon receipt of the reservation, the Tribunal shall fix a time limit for the hearing and the addition of summonses for interested parties and order the service or publication of the notice on the parties who are not present in the State referred to in Article 1303 of this Title. Where, upon receipt of a reservation, a date is set and proceedings are initiated, it is not necessary to postpone the investigation and hearing; But an adjournment may be ordered and another proceeding may be assigned or ordered. Although a will is not required by law, without a will, state laws (called inheritance laws) determine the division of the deceased`s property. However, the result may not coincide with the wishes of the deceased (the deceased), which means that it is usually advisable to draw up a will. A final Delaware will can be amended if the testator requests it through a codicil, an amendment to the will that must follow the procedures for executing wills.
Before the terms of a will can be accepted, the will must be proven in probate court. Probate is the court-supervised process for distributing a deceased person`s estate. Once the validity of the will has been proven in probate court, the executor can pay all debts and taxes of the estate and then distribute the testator`s property in accordance with the will. A will or a clause thereof may not be amended or revoked, except by revocation by the testator or by a person in the presence of the testator and by express instruction of the testator or by a valid will or by a letter signed by the testator or by a person: who signs the name of the deceased in the presence of the testator, and on the express instruction of the testator. and attested and signed in the presence of the testator by 2 or more credible witnesses. For the purposes of wills, legal successions and all other purposes referred to in Title 12, the definitions in this Section apply. Whenever possible, a lawyer should draft your will to avoid legal problems during enforcement. It saves time and money by following these simple steps before meeting with the lawyer. In the meantime, keep your will in a safe place and make sure the right people know where to find it.
Note: It is not a good idea to keep a will in a locker, as access to the will may be subject to court approval, and court approval may depend on the content of the will! b) If a will cannot be proved because the signature of 1 or more of the witness witnesses and signatories cannot be proved, proof of the testator`s signature is sufficient. If the signature of 1 witness can be proved, the proof of the testator`s signature is the personal statement or by a statement by a credible disinterested person that the testator`s signature on the will is in the hand of the person whose will he claims to be, or any other sufficient proof of such writing. If none of the signatures of the witnesses can be proved, the proof of the testator`s signature is the personal statement or by the testimony of 2 credible disinterested persons that the testator`s signature on the will is in the handwriting of the person whose will is supposed to be or other sufficient proof of such writing. After the death of the manufacturer, it is the legal obligation of any person in possession of an original document that could be a will to deliver it to the Registry of Wills Office within ten (10) days of receipt of the manufacturer`s obituary.