Under Delaware law, what is required for a will to be considered valid?

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!

For a will to be considered valid under Delaware law, it must be in writing, signed by the testator, and witnessed by two individuals. This is outlined in Delaware's Probate Code, which specifies these requirements to ensure that the testator's intentions are clearly documented and that there is evidence of the signing of the will.

The necessity for the will to be written helps prevent dispute over oral wills and provides a clear, tangible expression of the testator's wishes. The requirement for the testator's signature signifies that the testator agrees with the contents of the will, while having two witnesses helps to confirm the authenticity of the will and deters fraud. Witnesses must be present when the testator signs the will, and their signatures serve as a further testament to the will's legitimacy.

The other options do not represent the minimum legal requirements for a valid will under Delaware law. Notarization is not a requirement; while filing with the court is necessary for probate, it does not affect the validity of the will itself. Similarly, including a list of heirs is not mandated for a will; rather, it is the testamentary intent and formalities of execution that are key.

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