§ 1306 Choice of law as to execution and proving of wills.

12 DE Code § 1306 (2019) (N/A)

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(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) It is executed in compliance with § 202 of this title;

(2) It is executed in compliance with the law at the time of execution of the place where the will is executed; or

(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.

59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1; 80 Del. Laws, c. 150, § 1.

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