Changing or Revoking a Will
12 Del. C. § 208 — canceling it, a new will, or a signed and witnessed writing, and a divorce that cuts out the former spouse
A will, or any clause in it, is altered or revoked only by these:
- Canceling it, by the person or by another in their presence at their express direction.
- A valid later will.
- A writing signed by the person and attested and signed in their presence by 2 or more witnesses.
After a divorce. A divorce or annulment after the will was signed revokes every gift to the former spouse, and any naming of the former spouse as executor, trustee or guardian, unless the will expressly says otherwise.
A particular change is a question for a licensed Delaware attorney.
Sources for this section (2)
- 12 Del. C. § 208 — Revocation of wills generally
- 12 Del. C. § 209 — Revocation by divorce; no revocation by other changes or circumstances
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.