Writing Your Will in Delaware

To create a will in Delaware, the person creating the will (known as the testator) must be able to:put their will in writingunderstand the meaning of the documentbe free of undue influence or duress, andsign it in front of two witnesses.A will remains in full effect until a new will replaces it or it is revoked. Written amendments to the will in the form of codicils require the same signing and witness formalities as a will. The state of Delaware does not recognize holographic wills. A holographic will is one written in the testator's handwriting but not signed by any witness. See our interactive map on holographic wills for more information. Oral wills are not recognized in Delaware.Limitations on Wills in DelawareIn Delaware, a surviving spouse has a right to either accept the gift under a will or choose to take his percentage of the spouse's estate as defined by state law. A will cannot…