Signing a Will
12 Del. C. § 202 — in writing, signed, and witnessed by 2 people, at 18 or older
Anyone 18 years of age or older, of sound and disposing mind and memory, may make a will.
Writing, a signature, 2 witnesses. A will is in writing, signed by the person making it, or by another in that person's presence and at their express direction, and attested and signed in their presence by 2 or more credible witnesses. A will that does not comply is void.
- Anyone competent to be a witness may witness a will, and a will is not invalid because an interested person signed it.
- A will may refer to a separate list, in the person's handwriting or signed by them, to leave tangible personal property other than money and securities.
- A will may be made self proved, at signing or later, by the acknowledgment of the person and affidavits of the witnesses before a notary, so the witnesses need not be found later.
A particular will is a question for a licensed Delaware attorney.
Sources for this section (5)
- 12 Del. C. § 201 — Who may make a will
- 12 Del. C. § 202 — Requisites and execution of will
- 12 Del. C. § 203 — Witnesses; persons competent
- 12 Del. C. § 212 — Bequest of tangible personal property by separate writing
- 12 Del. C. § 1305 — Self-proved will
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.