Which of the following is a capacity requirement to create a valid will in Delaware?

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, one of the primary capacity requirements for creating a valid will is that the individual must be at least 18 years old. This age requirement establishes that the person is considered an adult under Delaware law and is therefore presumed to have the legal capacity to make decisions regarding their property and estate.

This requirement aligns with the general principles of testamentary capacity, which dictate that an individual should have the maturity and understanding necessary to comprehend the nature of their actions in creating a will. While the law allows minors to perform certain legal acts under specific conditions, a will is not one of those exceptions. Thus, being 18 or older is essential to ensure that the individual is fully capable of exercising their testamentary wishes with awareness of the implications involved in creating a will. Other requirements, such as citizenship, marital status, or the presence of a lawyer, do not bear directly on the capacity to create a will in Delaware.

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