Delaware Will and Trust Laws: Two Witnesses, Trust Signing Rule (2026)

In Delaware, any person 18 or older "of sound and disposing mind and memory" may make a will (12 Del. C. 201), and the will must be in writing, signed by the testator (or by another person in the testator's presence and at the testator's express direction), and "attested and subscribed in testator's presence by 2 or more credible witnesses" (12 Del. C. 202(a)). A will that does not meet those requirements is void (202(b)) unless it qualifies under the out-of-state rule in section 1306 or as an international will under sections 251-259, and section 202 contains no notary requirement. Living trusts are governed by Delaware's own trust statutes in Chapters 33 and 35 of Title 12 rather than by an enactment of the Uniform Trust Code.

Two features set Delaware apart among the wills and trusts laws by state. The will rules are strict: there is no exception for a handwritten will and no harmless-error rule that saves a defectively signed document. And the trust rules carry a witnessing requirement of their own: under 12 Del. C. 3545, creating, modifying or revoking a trust that gives someone an interest contingent on surviving the trustor is void unless the writing is signed and witnessed as that section requires. Section 3545(a) applies to trusts executed on or after January 1, 2001.

Information last verified on 2026-10-19. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Delaware statutes on making, signing, proving, changing and revoking wills (12 Del. C. Chapters 2, 3, 9 and 13) and on revocable living trusts (12 Del. C. Chapters 33 and 35). It does not cover what happens when someone dies without a will or how estate administration works (see Delaware probate), small-estate procedures (see the Delaware small estate affidavit page), powers of attorney (see Delaware power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Delaware advance directive tool.

What makes a will valid in Delaware?

Capacity comes first. Section 201 provides that "Any person of the age of 18 years, or upwards, of sound and disposing mind and memory, may make a will of real and personal estate. No person under the age of 18 years shall be capable of making a will either of real or personal estate." The section contains no exception for a married or military minor.

Section 202 sets the form:

"(a) Every will, whether of personal or real estate, must be: (1) In writing and 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 (2) Subject to § 1306 of this title, attested and subscribed in testator's presence by 2 or more credible witnesses. (b) Any will not complying with subsection (a) of this section shall be void." (12 Del. C. 202)

In practice that means:

• Writing and signature. The will must be written and signed. Someone else may sign the testator's name, but only in the testator's presence and at the testator's express direction.
• Two witnesses. At least two credible witnesses must attest and subscribe (sign) the will, and they must do it in the testator's presence.
• No notary. Section 202 does not require a notary for a will to be valid.
• Consequence. A will that misses any of these requirements is void under 202(b), subject to the out-of-state rule in section 1306 and the international-will rules described below.

Who can witness, and interested witnesses

Under 12 Del. C. 203(a), "Any person generally competent to be a witness may act as a witness to a will." Section 203(b) adds: "A will or any provision thereof is not invalid because the will is signed by an interested person." Chapter 2 contains no section that voids or reduces a gift to a beneficiary who also served as a witness.

Wills signed in another state or country

Section 1306(a) accepts a written will signed by the testator (or by another person in the testator's presence and at the testator's express direction) if it was executed in compliance with section 202, "the law at the time of execution of the place where the will is executed," or "the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national." A will that meets one of those tests is valid in Delaware even if it would not satisfy 202 on its own terms.

Delaware has also enacted the Delaware Uniform International Wills Act (12 Del. C. 251-259). Under section 252(a), a will "is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will complying with the requirements of this subchapter." Section 253 requires a written will; the testator declares in the presence of 2 credible witnesses and a person authorized to act in connection with international wills that the document is the testator's will and that the testator knows its contents, and signs it (or acknowledges an earlier signature) in their presence; the witnesses and the authorized person then attest the will by signing in the testator's presence. Under section 259, lawyers admitted to practice before Delaware's courts and in good standing as active practitioners in Delaware are authorized persons.

Lists of personal items

A Delaware will may refer to a separate written list to dispose of tangible personal property not otherwise specifically disposed of by the will, other than "money, evidences of indebtedness, documents of title, and securities, and property used in trade or business" (12 Del. C. 212). To be admissible as evidence of the intended disposition, the list must be in the testator's handwriting or signed by the testator, must identify the items and the recipients with reasonable certainty, and must not be inconsistent with the will or with another such writing (if two lists conflict and one is dated, the later-dated one controls).

Does a Delaware will need to be notarized? The self-proving option

Notarization is optional. Its role is the self-proving procedure in 12 Del. C. 1305, which provides that "An attested will may at the time of its execution or at any subsequent date be made self-proved, by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of this State, and evidenced by the officer's certificate, under official seal, attached or annexed to the will in form and content substantially as follows."

The points that matter:

• The testator acknowledges the will and each witness gives an affidavit, all before an officer authorized to administer oaths under Delaware law.
• It can be done when the will is signed or at any later date.
• The officer's certificate, under official seal, is attached to the will, in form and content substantially like the statutory form set out in section 1305. This page does not reproduce that form.

What self-proving does is set out in 12 Del. C. 1310: when a self-proved will is filed with its acknowledgment and affidavits, "compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness," and unless there is proof of fraud or forgery affecting the acknowledgment or affidavit, the will is admitted to probate.

Under section 1306(b), an attested will that is valid under 1306 is also considered self-proved if it met section 1305, the self-proving law of the place where it was made self-proved, or the self-proving law of the testator's domicile, abode or nationality at death.

If a witness is unavailable

A will that is not self-proved can still be proved when a witness is gone. Under 12 Del. C. 1304(a), if an attesting witness is dead, serving in the armed forces or a merchant sailor, incapable of testifying, outside the state or otherwise unavailable when the will is presented, "proof of the signature of such witness shall be sufficient," given by a credible disinterested person or other sufficient proof of the handwriting. If no witness's signature can be proven, section 1304(b) allows proof of the testator's signature by the testimony of two credible disinterested persons, and 1304(c) lets the Register of Wills require more. Probate procedure itself is covered on the Delaware probate page.

Validating a will during the testator's life

Delaware also has a pre-mortem will validation procedure in 12 Del. C. 1311. A testator may send written notice, with a copy of the will, to beneficiaries named in the will, to people who would inherit if the testator died intestate on the date of the notice, and to anyone else the testator wants bound. A notified person who wishes to contest the will must file a proceeding in the Court of Chancery within 120 days of receiving the notice. If that period has run when a testator who resided in Delaware dies, that person cannot bring a caveat or review proceeding under section 1308 or 1309 against the will; if it has not run, the limit does not apply. The procedure does not cut short a spouse's elective share petition (1311(f)), the testator may still make a codicil or a later will (1311(e)), and not using the procedure "shall not be construed as evidence that a will is not valid" (1311(d)).

Are handwritten (holographic) wills valid in Delaware?

Not as a separate category. Section 202(a) requires every will to be attested and subscribed by two or more credible witnesses, and 202(b) makes a will that does not comply void. Chapter 2 contains no exception for a will written in the testator's own hand, so an unwitnessed handwritten will made in Delaware under Delaware law does not meet the statute.

The out-of-state route is the exception that matters. Under section 1306(a), a handwritten will that was valid under the law of the place where it was signed, or under the law of the testator's domicile, place of abode or nationality at signing or at death, is valid in Delaware.

Are oral (nuncupative) wills valid in Delaware?

No. Section 202(a)(1) requires every will to be in writing, and 202(b) voids any will that does not comply. Chapter 2 contains no exception for an oral will.

Electronic wills and remote witnessing

Delaware has no electronic-will statute. Section 202 requires a will in writing, signed, and attested and subscribed "in testator's presence," and the trust chapter's electronic-execution section expressly leaves wills out: 12 Del. C. 3550(a)(1) lets certain trust documents be executed under the Uniform Electronic Transactions Act, but only "a governing instrument or other document" described in the listed sections, and the subsection itself excludes "a will or codicil."

Remote witnessing of wills existed only temporarily, and it has ended. Starting April 15, 2020 at 8:00 p.m., Paragraph B of the Eleventh Modification of the Governor's COVID-19 state-of-emergency declaration allowed wills to be witnessed by audio-visual technology. The New Castle County Register of Wills described the conditions: supervision by an Authorized Notarial Officer, who had to be a licensed Delaware attorney; verification of each witness's identity, by the officer's personal knowledge or one of the listed identity documents; real-time audio and visual communication among that officer, the witness and the testator; filing of the original will bearing the testator's original wet signature with the Register of Wills; and a certificate of notarial act stating that the will was witnessed under the Eleventh Modification. A will signed before that start time had to follow the standard rules.

The state of emergency itself ended earlier than Paragraph B did. The Governor's termination order states that the state of emergency, "including all its related orders, is hereby terminated as of Tuesday, July 13, 2021 at 12:01 a.m. E.D.T." The General Assembly had separately continued Paragraph B by statute, 20 Del. C. 3156: until June 30, 2021 (82 Del. Laws c. 255, approved July 16, 2020), then until June 30, 2022 (83 Del. Laws c. 66, approved June 30, 2021). The next extension, to July 31, 2023, was in 83 Del. Laws c. 425, approved September 9, 2022 and effective on enactment, after the June 30, 2022 date had already passed. The same act repealed section 3156 effective August 1, 2023.

Separately, since August 1, 2023, 29 Del. C. 4320 lets a Delaware notarial officer perform notarial acts, such as acknowledgments, oaths and witnessing a signature, for a remotely located individual using audio-visual communication technology, with identity requirements and an audio-visual recording kept for at least 10 years. That notary statute does not amend section 202, which still requires the two will witnesses to attest and subscribe "in testator's presence."

Is there a harmless-error rule?

No. Some states let a court accept a document that falls short of the signing formalities if there is clear evidence the person meant it as a will. Delaware's statute points the other way: "Any will not complying with subsection (a) of this section shall be void" (12 Del. C. 202(b)), and no section of Chapter 2 or Chapter 13 lets a court treat a noncomplying document as a will.

Changing or revoking a Delaware will

Methods of revocation

Section 208 lists the ways a will, or any clause of it, may be altered or revoked:

"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." (12 Del. C. 208)

So a revoking writing that is not itself a will still needs the testator's signature (or a proxy signature made in the testator's presence and at the testator's express direction) and two credible witnesses who attest and subscribe in the testator's presence.

Divorce and annulment

Section 209 provides that if, after executing a will, the testator is divorced or the marriage is annulled, "the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse and any nomination of the former spouse, as executor, trustee, guardian or other fiduciary, unless the will expressly provides otherwise." The rest of the section sets the conditions:

• Property kept from the former spouse "passes as if the former spouse failed to survive the decedent."
• Provisions revoked solely by section 209 "are revived by testator's remarriage to the former spouse."
• "A decree of separation which does not terminate the status of husband and wife is not a divorce for purposes of this section." Separately, a waiver of "all rights" or a complete property settlement made after or in anticipation of separation or divorce renounces each spouse's benefits under a will executed before it, unless it provides otherwise (12 Del. C. 905; see the elective share below).
• "No changes or circumstances other than as described in this section revokes a will or any part thereof."

Section 209 speaks only of the will. Its text does not mention revocable trusts, life insurance or other beneficiary designations, so a revocable trust or a designation naming a former spouse is not changed by section 209.

Marriage and new children after the will

Marriage does not revoke a Delaware will (section 209's last sentence), but the code protects a spouse or child the will leaves out:

• Spouse married after the will. Under 12 Del. C. 321, when a married person made a will before the marriage and "has not made provision for the married person's spouse by will or otherwise," the surviving spouse takes the same part of the estate the spouse would have taken had the testator died intestate.
• Child born after the will. Under 12 Del. C. 301, if a testator becomes a parent after making a will "in which no provision, vested or contingent, was made for such child, specifically or as member of a class, by will or otherwise," the child (or a descendant of a child who died before the parent) takes the share the child would have received had the parent died intestate. That rule does not apply where the will provides "that the birth of any child or children subsequently shall not affect the will." Section 301 was amended by 85 Del. Laws, c. 156, approved August 21, 2025.

The intestate shares these sections refer to are explained on the Delaware probate page.

Destroying or hiding a will is a felony

Under 12 Del. C. 210, whoever willfully adds to, alters, defaces, destroys, hides, conceals, "misplaces with intent to conceal" or steals an instrument purporting to be a last will "shall be guilty of a class E felony." Separately, section 1301(a) requires anyone holding a purported will to deliver it to the Register of Wills for the county where that person resides "within 10 days from the time the person receives information of the death of the testator," and 1301(b) makes a person who willfully fails to deliver it liable to anyone aggrieved for the resulting damages.

Keeping the original safe

An original will may be deposited for safekeeping with the Register of Wills for New Castle, Kent or Sussex County for a fee of $5.00 (12 Del. C. 2513(a)). The Register seals the envelope in the depositor's presence, indexes it, and opens it on notice of the testator's death or by court order (2513(b), (d)).

Limits on what a Delaware will can do

Spouse's elective share. A testator cannot simply leave out a spouse. Under 12 Del. C. 901(a), if a married person domiciled in Delaware dies, "the surviving spouse has a right of election to take an elective share of an amount equal to one third of the elective estate, less the amount of all transfers to the surviving spouse by the decedent." Section 902(a) defines the elective estate by reference to "the decedent's gross estate for federal estate tax purposes, regardless of whether or not a federal estate tax return is filed," less the deductions allowed under Internal Revenue Code sections 2053 and 2054, and with a half-inclusion rule for property the spouses held as tenants by the entirety or as sole joint tenants. The spouse elects by filing a petition in the Court of Chancery and mailing or delivering it to the personal representative "within 6 months after the grant of letters testamentary or of administration," and the court may extend that time for cause shown before it expires (906(a)). Under 12 Del. C. 905, the right of election "may be waived, wholly or partially, before or after marriage, by a written contract, agreement or waiver signed by the party waiving." Unless it provides otherwise, a waiver of "all rights" (or equivalent language) or a complete property settlement entered into after or in anticipation of separation or divorce waives the elective share and renounces each spouse's benefits under any will executed before the waiver or settlement.

Omitted spouse and child. Sections 321 and 301, described above, protect a spouse married after the will and a child born after it.

No-contest clauses. Delaware enforces them, with listed exceptions. Under 12 Del. C. 3329(a), a will or trust provision that would reduce or eliminate the interest of a beneficiary who contests the will or trust "shall be enforceable." Section 3329(b) says that rule has no application to five things: an action by the trustee or personal representative; an action in which the beneficiary "is determined by the court to have prevailed substantially"; a settlement agreement among beneficiaries; an action to determine whether a proceeding is a contest; and an action by a beneficiary for a construction or interpretation of the will or trust.

Slayer rule. Under 12 Del. C. 2322(c), a slayer, as that section defines the term, "shall be deemed to have predeceased the decedent" as to property that would have passed by devise or legacy, and as to trust property to the extent the decedent was the grantor or was a beneficiary immediately before death.

Gifts to relatives who die first. If a devisee who is a grandparent or a lineal descendant of a grandparent of the testator dies first, the devisee's issue who survive the testator by 120 hours take in the devisee's place, per stirpes, unless the will provides a different distribution (12 Del. C. 2313).

Revocable living trusts in Delaware

Delaware's own trust code

Delaware has not enacted the Uniform Trust Code. Its trust law sits in Title 12, Chapter 33 (administrative provisions) and Chapter 35 (trusts). The sections that matter most for a living trust are the execution rule in section 3545, the contest deadline in 3546, the certification of trust in 3591 and the creditor rule after death in 3337.

The signing and witnessing rule (section 3545)

This is the Delaware rule that most often surprises people coming from other states. Section 3545(a) provides:

"Except as otherwise required by this Code, the creation, modification or revocation of a trust whereby a person other than the trustor acquires or is divested of an interest in the trust the possession or enjoyment of which is contingent upon surviving the trustor shall be void unless such creation, modification or revocation be: (1) In a writing executed by the trustor (or by some person subscribing the trustor's name in the trustor's presence and by the trustor's express direction) and witnessed in writing in the trustor's presence by at least 1 disinterested person or 2 credible persons; or (2) In a writing executed by a trustee who is a disinterested person without regard to whether any other person, including the trustor, has executed the writing." (12 Del. C. 3545(a))

The same subsection defines a disinterested person as "one who has no beneficial interest in the trust that would be materially increased or decreased as a result of the creation, modification or revocation of the trust," and provides that "a notary public or similar official may serve as a witness in cases where such official is a disinterested or credible person without regard to whether such notary public or similar official signs the writing as a witness or solely in a notarial capacity." Unless the writing prohibits it, the writing may be executed in counterparts.

Section 3545(a) applies to the creation, modification or revocation of trusts executed on or after January 1, 2001 (72 Del. Laws c. 388, s. 10; the 2018 amendment to 3545(a)(1) carries the same date, 81 Del. Laws c. 320, s. 8).

Several limits and extensions follow in the rest of the section:

• Trusts made under another state's law. Under 3545(b), a written trust "shall not be void merely because of the application of subsection (a)" if the writing was validly executed under the law, at the time of execution, of the place that serves as the trust's initial place of administration (or, if the trust is not yet actively administered, its initial situs).
• Other written trusts. Under 3545(c), if a trust not described in subsection (a) is created, modified or revoked by a writing, the writing is validly executed if it is executed as subsection (a) describes; this "shall not be construed to limit the creation, modification, or revocation of a trust by any other means otherwise permitted by law."
• Excluded trusts. Section 3545 does not apply to trusts created under the Delaware Statutory Trust Act (12 Del. C. 3801 et seq.) or to trusts formed to consummate a commercial transaction.
• Electronic execution. Section 3550(a)(1) allows a document described in section 3545, other than a will or codicil, to be executed under the Uniform Electronic Transactions Act "if otherwise validly executed."

Amending or revoking a living trust

Because section 3545(a) covers "modification or revocation" as well as creation, an amendment or revocation that adds or removes an interest contingent on surviving the trustor must meet the same writing and witnessing (or disinterested-trustee) requirement to avoid being void, for trusts executed on or after January 1, 2001. A certification of trust (below) states the trust's revocability and who holds a power to revoke.

Personal property lists for a revocable trust

Section 3545(d) lets a trust instrument that "by its express terms is revocable by the trustor during the trustor's lifetime" refer to a written statement or list disposing of tangible personal property not otherwise disposed of by the trust, other than money, evidences of indebtedness, documents of title, securities and business property. The list must be in the trustor's handwriting or signed by the trustor, must identify the items and recipients with reasonable certainty, and must not be inconsistent with the trust instrument or another such writing (a later-dated writing controls).

Certification of trust

A trustee does not have to hand a bank or title company the full trust instrument. Under 12 Del. C. 3591(a), "Instead of providing a person other than a beneficiary with a copy of the trust instrument, a trustee may provide the person with a certification of trust" covering items that include the trust's existence and date, the trustor and current trustee, the trustee's powers, "the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust," and the manner of taking title. The certification "must be in the form of an acknowledged writing" (3591(b)), must state that the trust has not been revoked, modified or amended in a way that makes it incorrect (3591(c)), and need not contain the dispositive terms (3591(d)). A person who relies on it without knowing it is incorrect "is not liable to any person for so acting" (3591(f)).

Contesting a revocable trust: the deadline

Under 12 Del. C. 3546(a), a proceeding to contest whether a revocable trust or any amendment to it (or an irrevocable trust) was validly created "may not be initiated later than the first to occur of":

1. 120 days after the trustee notified the contestant in writing of the trust's existence, the trustee's name and address, whether that person is a beneficiary, and the time allowed to contest. Notice counts as given when sent and is presumed received 7 days after sending.
2. Two years after the trustor's death.
3. If the trust was revocable at the trustor's death and was specifically referred to in the trustor's will, the time in which a petition for review of the will could be filed (under 12 Del. C. 1309, an interested person who did not appear or receive notice when the will was proved may petition for review within 6 months after the order of probate).
4. The date the person's right to contest was precluded by adjudication, consent or other limitation.

The written notice is optional: section 3546(a)(1) provides that "no trustee shall have any liability under the governing instrument or to any third party or otherwise for failure to provide any such written notice." After the trustor of a trust that was revocable at death dies, the trustee may distribute under the trust's terms without liability unless the trustee knows of a pending contest or is notified of a possible contest that is then started within 30 days (3546(b)). Until a contest is barred, a beneficiary of what turns out to be an invalid trust "is liable to return any distribution received" (3546(c)).

Creditors after death

Under 12 Del. C. 3337, after the death of the trustor of a trust that was revocable immediately before death, claims that could have been brought against the trustor's estate are barred against the trust "when and to the same extent barred against the trustor's estate" by any applicable statute of limitations or repose.

Pour-over wills

A pour-over will leaves property to the trustee of a trust. Section 211(a) permits a will to "validly devise or bequeath property to the trustee of a trust established or to be established" during the testator's lifetime by the testator or another person (including a funded or unfunded life insurance trust), or at death by the testator's devise, if the trust "is identified in the testator's will and its terms are set forth in a written instrument other than a will," executed before, at the same time as, or after the will, "regardless of the existence, size or character of the corpus of the trust." The devise "is not invalid because the trust is amendable or revocable or because the trust was amended after the execution of the will or the testator's death."

Unless the will provides otherwise, the property becomes part of the trust and is administered under its terms, including amendments made before or after the testator's death (211(b)), and "a revocation or termination of the trust before the testator's death causes the devise or bequest to lapse" (211(c)).

Delaware wills and trusts at a glance

Recent changes

• 85 Del. Laws, c. 156 (Senate Bill 123), approved August 21, 2025. The act relates to the inheritance rights of issue and posthumous children and amended 12 Del. C. 301, the after-born child rule described above. The section 301 text quoted on this page is the current text.
• COVID-19 audio-visual will witnessing ended July 31, 2023. Paragraph B of the Eleventh Modification, in effect from April 15, 2020, outlasted the state of emergency (terminated July 13, 2021) because 20 Del. C. 3156 continued it through June 30, 2022 and, by an act approved September 9, 2022, until July 31, 2023. Section 3156 was repealed effective August 1, 2023; see the remote witnessing section.
• Remote notarial acts since August 1, 2023. 29 Del. C. 4320 allows remote notarial acts by audio-visual communication technology; it does not change the in-presence witness rule for wills.

Making a will in practice

The site's free Delaware will-maker tool can help draft a basic will. Whatever produces the document, signing must follow section 202, with two credible witnesses attesting and subscribing in the testator's presence, and the self-proving procedure in section 1305 is optional. A living trust executed on or after January 1, 2001 has its own signing rule under section 3545. Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in Delaware. The tool is not legal advice.

Members of the armed forces have one federal option as well: under 10 U.S.C. 1044d, a military testamentary instrument is exempt from state formalities and has the same legal effect as a will executed under the law of the state where it is presented for probate (see the wills and trusts hub for the federal layer).

Related pages

• Wills and trusts laws by state
• Delaware probate
• Delaware small estate affidavit
• Delaware power of attorney laws

This article provides general legal information about Delaware law on wills and revocable trusts as of 2026-10-19. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Delaware or the Register of Wills in your county.

Last updated: 2026-10-19.

Frequently Asked Questions

How many witnesses does a will need in Delaware?

Two or more credible witnesses, who must attest and subscribe the will in the testator's presence (12 Del. C. 202(a)(2)). A will that does not comply is void under 202(b), unless it is valid under the out-of-state rule in section 1306 or as an international will under sections 251-259.

Does a will have to be notarized in Delaware?

No. Section 202 does not require a notary. A notary or other officer authorized to administer oaths is used only if the testator and witnesses choose to make the will self-proved under 12 Del. C. 1305, which can be done at signing or later.

Is a handwritten will valid in Delaware?

Only if it meets the same rule as any other will: signed and attested by two or more credible witnesses in the testator's presence (12 Del. C. 202). Delaware has no exception for an unwitnessed handwritten will, but section 1306 honors a will that was valid under the law of the place where it was signed or of the testator's domicile, abode or nationality.

Can a beneficiary witness a will in Delaware?

Section 203(b) provides that a will or any provision of it is not invalid because the will is signed by an interested person, and any person generally competent to be a witness may act as one (203(a)).

Can I sign a will electronically in Delaware?

Delaware has no electronic-will statute; section 202 requires a written will attested and subscribed in the testator's presence, and section 3550(a)(1) excludes wills and codicils from electronic execution. Audio-visual witnessing of wills under the COVID-era Eleventh Modification, continued by 20 Del. C. 3156, ended July 31, 2023; see the remote witnessing section for its dates and conditions.

Does divorce revoke a will in Delaware?

Divorce or annulment revokes the will's gifts, powers of appointment and fiduciary nominations in favor of the former spouse unless the will expressly provides otherwise, and remarriage to the same person revives them (12 Del. C. 209). Section 209 addresses only the will; see the divorce section above for its conditions.

Does a living trust need witnesses in Delaware?

For a trust executed on or after January 1, 2001 that gives someone an interest contingent on surviving the trustor, yes: under 12 Del. C. 3545(a) its creation, modification or revocation is void unless in a writing signed by the trustor and witnessed in the trustor's presence by at least 1 disinterested person or 2 credible persons, or signed by a disinterested trustee. Section 3545(b) and (c) contain exceptions and limits, and a notary may serve as the witness.

How long do you have to contest a revocable trust in Delaware?

Under 12 Del. C. 3546(a), a contest must be started by the first of: 120 days after the trustee's written notice, 2 years after the trustor's death, the will-review period if the trust was revocable at death and specifically referred to in the will, or the date the right was otherwise precluded. The trustee's notice is optional.

Can a spouse be left out of a will in Delaware?

A surviving spouse of a person domiciled in Delaware may elect one third of the elective estate, less transfers the decedent made to the spouse (12 Del. C. 901). The petition must be filed in the Court of Chancery within 6 months after letters are granted, unless the court extends the time (906).