Bill Text: DE HB163 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 12 Of The Delaware Code Relating To Out-of-state Self Proved Wills.
Spectrum: Slight Partisan Bill (Democrat 8-3)
Status: (Passed) 2015-08-07 - Signed by Governor [HB163 Detail]
Download: Delaware-2015-HB163-Draft.html
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SPONSOR: |
Rep. B. Short & Rep. M. Smith & Rep. Lynn & Sen. Townsend |
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Reps. Keeley, Paradee, Ramone, Spiegelman; Sens. Bonini, Hall-Long, McDowell |
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HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
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HOUSE BILL NO. 163 |
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AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO OUT-OF-STATE SELF PROVED WILLS. |
Section 1. Amend §1306, Title 12 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§1306. Choice of law as to execution and proving of wills.
(a) A written will signed by the testator, or by some person subscribing the testator's name in the testator's
presence and at the testator's express direction, is valid provided that:
(1) if It is executed in
compliance with §202 of this title or;
(2) if
its execution complies It is executed in compliance with the law at
the time of execution of the place where the will is executed,;
or of
(3) It is executed in compliance with the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national.
(b) An attested will that is considered valid under the provisions of this section shall be considered self-proved provided that:
(1) It is executed in compliance with the requirements of §1305 of this title;
(2) It is executed in compliance with requirements of the law necessary to create a self-proved will in the jurisdiction where such will is made self-proved, at the time such will is made self-proved; or
(3) It is executed in compliance with requirements of the law necessary to create a self-proved will in the jurisdiction where the testator is domiciled, has a place of abode, or is a national at the time of death.
SYNOPSIS
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This bill updates the Delaware Code with respect to self-proved wills that are executed in a foreign jurisdiction by providing that a will shall be treated as self-proved under Delaware law if such will was executed in a manner that it would be considered self-proved under the provisions of the Delaware Code or the statutory provisions governing self-proving wills in the jurisdiction where the will was executed. |
