(a) The form set forth in § 265 of this title is not exclusive, and a person may use another form of declaration instrument if the wording of the form complies substantially with § 265 of this title, the form is properly completed, and the form is in writing, dated, and signed by the declarant.

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Terms Used In Delaware Code Title 12 Sec. 266

  • Declarant: means a competent adult who signs a declaration pursuant to the provisions of this article. See Delaware Code Title 12 Sec. 260
  • Declaration instrument: means a written instrument, signed by a declarant, governing the disposition of the declarant's last remains and the ceremonies planned after a declarant's death, including a document governing the disposition of last remains under this title or a United States Department of Defense Record of Emergency Data Form (DD Form 93) or any successor form executed by the declarant. See Delaware Code Title 12 Sec. 260
  • Last remains: means the deceased's body or cremains after death. See Delaware Code Title 12 Sec. 260

(b) A declaration instrument may be acknowledged, but lack of acknowledgment shall not render the declaration ineffective.

(c) This subchapter shall apply to declaration instruments executed or exercised in Delaware and to declaration instruments signed or exercised by a person who is a resident of Delaware when such instrument is signed or exercised.

(d) The provisions of the most recent declaration instrument shall control over any other document regarding the disposition of the last remains.

74 Del. Laws, c. 295, § ?1;