Delaware

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

Tit. 12 §201, et seq.

Operative Facts

1. Declarant must be legally adult, competent, of sound mind
2. must make a written declaration
3. declarant in terminal condition must be confirmed in writing by 2 physicians
4. document must be signed by declarant or another person in declarants presence and at his express direction
5. document must be dated
6. must be signed before 2 or more adult witnesses who state in writing that they are not prohibited from being a witness
7. not effective when declarant is pregnant

Age of Testator

18 years or older and of sound and diposing mind and memor

Number of Witnesses Required

Attested and subscribed in testators presence by two or more credible, generally competent witnesses; need not be signed in presence of witnesses or that witnesses sign in the presence of each other.

Oral Will Recognition

Not mentioned

Holographic Will Recognition

Not mentioned