Who is responsible for ensuring that a will properly follows legal requirements 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!

The executor of the will holds significant responsibility in ensuring that the will complies with legal requirements in Delaware. This role involves administering the estate according to the terms outlined in the will, which includes ensuring that the document meets all statutory requirements so that it can be legally enforced.

While the testator must ensure that their wishes are clearly articulated in the will, the executor has the practical duty of overseeing the will's execution after the testator's death. This includes filing the will with the probate court and ensuring that it adheres to state laws, such as the proper witnessing and signing criteria established by Delaware law.

Although an attorney may be engaged to draft the will and advise on legal standards, it is ultimately the executor who takes on the responsibility of navigating the probate process and ensuring compliance with legal requirements. This role is crucial in preventing disputes or challenges that could arise due to improper execution or issues related to the will's validity.

Beneficiaries, while interested parties, do not bear the responsibility of ensuring the will's legal compliance.

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