Under Delaware law, a will that meets certain requirements - including proper notarization - is “self proved”. You should definitely have your will notarized. attested and subscribed in testator’s presence by 2 or more credible witnesses.Īlthough there are various exceptions and special rules, these are the standard requirements for Delaware wills. (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 § 202.Įvery will, whether of personal or real estate, must be: Regarding the will itself, the standard requirements are set forth in 12 Del.C. If a testator believes there might be any doubt as to his or her mental capacity at the time of the signing, a letter from a doctor affirming mental competence generally can be included with the will. Even a person with dementia or Alzheimer’s may be deemed to have a sound mind, if lucid at the moment of signing. More specifically, it means that at the time the will is made, you understand that you’re creating a will, the nature of the property you own, and to whom you’re leaving your property. Sound mind generally means that you’re aware of your actions when creating the will. No person under the age of 18 years shall be capable of making a will either of real or personal estate. Testator RequirementsĪny 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. There are requirements for both the person making the will (called a “testator”), and for the will itself. To make a valid will in Delaware, certain legal requirements must be met. Making a Will in Delaware Delaware Will Requirements
0 kommentar(er)
