Is extrinsic evidence permissible in Delaware to prove mistakes in a will?

Prepare for the Delaware Wills and Trusts Test. Utilize flashcards and multiple-choice queries, with each question offering hints and clarifications to help you excel in your exam!

In Delaware, extrinsic evidence is not permissible to prove mistakes in a will. The principle behind this is based on the concept of testamentary intent and the importance of adhering strictly to the language and formalities set out in the will itself. The courts uphold the validity of wills as they are written, and injecting extrinsic evidence could undermine the testator's clear intent as expressed in the document.

This strict adherence protects the integrity of the will-making process and ensures that the testamentary dispositions made by the testator are followed without ambiguity or alteration based on outside evidence. The Delaware Uniform Probate Code emphasizes the finality of a will's content, which is why extrinsic evidence to clarify or alter its meaning is not allowed. This does not prevent a testator from seeking legal advice or making modifications to their will; however, once a will is executed, extrinsic evidence to challenge or clarify mistakes would not be considered valid in court.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy