Delaware Will & Testament Information

By Ruth Sturdy

In Delaware, the creation of a will enables you to leave your assets to your relatives, spouse, children, friends and those beloved pets following your death. You may also leave your assets or donations to charitable organizations, and even arrange a trust for the care of your pets. 

 

It is important to not that not all property that is owned by the testator may pass through the will; for example, property owned in joint tenancy with the rights of survivorship automatically goes to the survivor.

 

A Delaware Last Will & Testament includes the following requirements:

  • The testator must be eighteen years old or older.  

  • They must also be of ‘sound mind’.

  • The Will must be signed by the testator or by someone else in their name (provided it is done under the testator’s direction and in their presence).​

  • The signing of the Will requires at least two witnesses in order to make it valid. ​

  • Another requirement to make the Will valid is that it must be in written format.​

  • Delaware law does not limit the class of beneficiaries who may be included in a will.

 

Delaware law does also recognizes holographic/handwritten wills as long as they adhere to all of the requirements listed above. 

Click here if you have any questions about creating a last will in Delaware.

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