Courthouse Blues CD Sales Page
Equal Access To Justice
BASIC INFORMATION ABOUT WILLS
What Must I Do to Make a Valid Will In Delaware?
- You must be at least 18 years old and "of sound and disposing mind and memory."
- The Will must be in writing and signed by you or by a person signing your name in your presence and at your direction.
- The Will must be witnessed by two or more credible witnesses who sign their names in your presence. In Delaware, a person who may benefit from the Will can still act as a witness.
How Can I Revoke My Will?
You may revoke your entire Will by:- Destroying the original document; or
- Executing a new Will revoking your previous Will; or
- By written direction signed by you and witnessed by at least two witnesses.
How Can I Change My Will?
You may change your Will by executing a "codicil," which is a writing supplementing the Will. A codicil must be signed and witnessed in the same way a Will is executed.If I Don't Have a Will, Can the State Take My Property?
Your property will go to the State only if you die without a Will AND you have no surviving spouse or blood relatives. If you do have a surviving spouse and/or surviving relatives, Delaware law dictates the order in which your estate will be distributed. Your surviving spouse will receive everything if you have no surviving parents or children.The Elder Law Program is a service partially funded under the Older Americans Act through the Delaware Division of Services for Aging and Adults with Physical Disabilities.