Simple Will - Delaware

LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

1. Definitions
2. Revocation of Prior Instruments
3. Family Information
4. Appointment of Personal Representative (Executor)
5. Disposition of Property
6. Guardianship of Minor Children
7. Fiduciary Powers, Indemnification & Liability Limitation
8. Tax Allocation & Apportionment
9. Governing Law; Probate Forum; Will-Contest Relief
10. Miscellaneous Provisions
11. Execution & Attestation Clause
12. Self-Proving Affidavit (Delaware)

PREAMBLE

I, [TESTATOR FULL LEGAL NAME], presently residing at [STREET ADDRESS, COUNTY, STATE OF DELAWARE], being of sound mind and under no duress or undue influence, hereby declare this instrument to be my Last Will and Testament (this “Will”), and I revoke all prior wills and codicils.

1. DEFINITIONS

Unless the context clearly requires otherwise, capitalized terms have the meanings below. Defined terms apply throughout this Will.

1.1 “Administrator” means any court-appointed fiduciary if no Personal Representative is acting.

1.2 “Beneficiary” means any person or entity entitled to receive property under this Will, whether by specific, demonstrative, general, or residuary bequest.

1.3 “Child” or “Children” includes any child of mine (whether born or legally adopted before or after the date of this Will) and the lawful issue of any deceased child, who shall take per stirpes.

1.4 “Estate” means all property, real and personal, tangible and intangible, wherever situated, that I own or have the power of disposition over at death.

1.5 “Issue” has the same meaning as “descendants,” lineal by blood or legal adoption, taking per stirpes.

1.6 “Personal Representative” means the Executor, Co-Executors, or Successor Executor appointed in Article 4, acting at any time.

1.7 “Residue” means the balance of my Estate remaining after payment of debts, expenses, taxes, and all specific and general bequests.

2. REVOCATION OF PRIOR INSTRUMENTS

I expressly revoke all prior wills, codicils, and testamentary instruments executed by me at any time before the date of this Will, whether in whole or in part.

3. FAMILY INFORMATION

3.1 Spouse. I am presently married to [SPOUSE FULL LEGAL NAME] (“Spouse”).
3.2 Children. My Children are:
 a. [CHILD 1 NAME], born [DOB]
 b. [CHILD 2 NAME], born [DOB]
 c. [ADDITIONAL CHILDREN OR “None.”]

4. APPOINTMENT OF PERSONAL REPRESENTATIVE (EXECUTOR)

4.1 I nominate [PRIMARY EXECUTOR NAME], currently residing at [ADDRESS], as Personal Representative of my Estate.

4.2 If [PRIMARY EXECUTOR NAME] is unwilling or unable to serve, I nominate [SUCCESSOR EXECUTOR NAME], currently residing at [ADDRESS], as Successor Personal Representative.

4.3 Bond. No Personal Representative shall be required to furnish any bond or security unless the Register of Wills or the Court of Chancery expressly orders otherwise.

4.4 Compensation. My Personal Representative is entitled to reasonable compensation and reimbursement of properly incurred expenses.

5. DISPOSITION OF PROPERTY

5.1 Specific Bequests.
 a. I give [DESCRIPTION OF ITEM OR DOLLAR AMOUNT] to [BENEFICIARY NAME & RELATIONSHIP].
 b. [Repeat as needed.]

5.2 Tangible Personal Property Memorandum. I may leave a written memorandum, signed and dated, disposing of specific items of tangible personal property. Such memorandum, if located and identified after my death, shall be incorporated by reference and shall control disposition of those items.

5.3 Residuary Estate. I give all the rest, residue, and remainder of my Estate, of whatever kind and wherever situated, to [PRIMARY RESIDUARY BENEFICIARY NAME].

a. If [PRIMARY RESIDUARY BENEFICIARY NAME] does not survive me by thirty (30) days, I give the Residue to [ALTERNATE RESIDUARY BENEFICIARY(IES)], per stirpes.

6. GUARDIANSHIP OF MINOR CHILDREN

If at my death any of my Children are under the age of eighteen (18) years and a Guardian of their person or property is required, I nominate [PRIMARY GUARDIAN NAME], residing at [ADDRESS], to serve as Guardian. If [he/she/they] cannot serve, I nominate [SUCCESSOR GUARDIAN NAME]. No Guardian shall be required to post bond absent court order.

7. FIDUCIARY POWERS, INDEMNIFICATION & LIABILITY LIMITATION

7.1 Statutory Powers. My Personal Representative shall have all powers granted to personal representatives under applicable Delaware probate law, as amended from time to time, including but not limited to the power to sell, lease, mortgage, invest, reinvest, settle claims, and make tax elections.

7.2 Extended Discretionary Powers. Without court order, my Personal Representative may:
 a. Employ and pay professionals, including attorneys, accountants, and appraisers.
 b. Settle or compromise any claim for or against my Estate.
 c. Retain any asset in its current form or convert it.
 d. Divide or distribute assets in kind, in cash, or partly in each, without regard to tax bases or equalizing valuations.

7.3 Executor Indemnity. My Estate shall indemnify and hold harmless each Personal Representative from and against any loss, liability, or expense (including reasonable attorneys’ fees) arising from good-faith administration of the Estate, except for losses resulting from willful misconduct or gross negligence.

7.4 Liability Cap. Consistent with Delaware law, any liability of a Personal Representative to Beneficiaries or third parties shall be limited to the assets of my Estate then under administration; no personal liability shall attach.

8. TAX ALLOCATION & APPORTIONMENT

8.1 All estate, inheritance, generation-skipping transfer, and other death taxes (“Death Taxes”) payable by reason of my death shall be paid from my Residue without apportionment, unless a taxing statute mandates otherwise.

8.2 My Personal Representative may make any tax elections deemed beneficial and shall not be liable for consequences of good-faith tax decisions.

9. GOVERNING LAW; PROBATE FORUM; WILL-CONTEST RELIEF

9.1 This Will is governed by the laws of the State of Delaware relating to wills and decedents’ estates (“state_probate_law”).

9.2 This Will shall be proved before the Register of Wills of [NAME OF COUNTY] County, Delaware, the county of my domicile at death, as provided in 12 Del. C. § 1302 (“state_probate_court”). Any proceeding to construe this Will, to contest its validity, or to compel delivery of the Will to the Register of Wills, shall be subject to the jurisdiction of the Court of Chancery of the State of Delaware. No arbitration of probate matters is available or intended.

9.3 Nothing herein waives or limits the court’s power to grant injunctive or other equitable relief in any will-contest or related proceeding (“will_contest_remedy”).

10. MISCELLANEOUS PROVISIONS

10.1 Spendthrift Protection. To the maximum extent permitted by Delaware law, the interest of any Beneficiary hereunder shall not be subject to the claims of such Beneficiary’s creditors nor to legal process, and may not be voluntarily or involuntarily transferred, assigned, or anticipated.

10.2 No Contest Clause. If any Beneficiary directly or indirectly initiates or participates in an action to contest the validity of this Will, or to set aside or vary its terms, that Beneficiary shall forfeit all interests under this Will, and such forfeited property shall pass as if that Beneficiary had predeceased me without issue. Consistent with 12 Del. C. § 3329, this Section 10.2 shall not apply to:
a. Any action brought by my Personal Representative;
b. Any action in which the challenging Beneficiary is determined by the court to have prevailed substantially;
c. Any agreement among Beneficiaries settling a dispute relating to this Will;
d. Any action to determine whether a proposed or pending motion, petition, or other proceeding would constitute a contest within the meaning of this Section; or
e. Any action brought by a Beneficiary for construction or interpretation of this Will.

10.3 Digital Assets. My Personal Representative shall have authority to access, manage, and dispose of my digital assets and digital accounts, consistent with federal law and Delaware’s Fiduciary Access to Digital Assets and Digital Accounts Act, 12 Del. C. §§ 5001-5008.

10.4 Severability. If any provision of this Will is held invalid, all remaining provisions shall remain in force so far as possible.

11. EXECUTION & ATTESTATION CLAUSE

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], have signed this Will on this ____ day of __________, 20____, at [CITY, DELAWARE].

 
_______________________________
[TESTATOR FULL LEGAL NAME], Testator

ATTESTATION BY WITNESSES

We, [WITNESS #1 NAME] and [WITNESS #2 NAME], whose signatures appear below, declare under penalty of perjury that on the date above:

1. The Testator declared the foregoing document to be his/her/their Last Will and Testament and requested us to act as witnesses.
2. The Testator, who appeared to us to be of sound mind and at least eighteen (18) years of age, signed the Will (or acknowledged a previously made signature) in our presence.
3. We each signed this Will in the physical presence of the Testator and of each other.
4. To the best of our knowledge, neither of us is a Beneficiary under this Will nor otherwise disqualified to act as a witness under Delaware law.

 
Witness #1 Signature: __________________________
Printed Name: __________________________________
Address: _______________________________________

Witness #2 Signature: __________________________
Printed Name: __________________________________
Address: _______________________________________

12. SELF-PROVING AFFIDAVIT

(State of Delaware, County of [COUNTY])

Before me, the undersigned officer, personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], known to me to be the Testator and witnesses whose names are signed to the attached or foregoing instrument. All being first duly sworn, the Testator declared to me and to the witnesses in my presence that the instrument is the Testator's Last Will, that the Testator willingly signed it or willingly directed another to sign for the Testator, and that the Testator executed it as a free and voluntary act for the purposes expressed in it. Each witness stated to me, in the presence and hearing of the Testator, that the witness signed the Will as a witness and that, to the best of the witness's knowledge, the Testator was eighteen years of age or older, of sound mind, and under no constraint or undue influence.

_____________________________ Testator
_____________________________ Witness #1
_____________________________ Witness #2

Subscribed, sworn, and acknowledged before me by [TESTATOR NAME], the Testator, and subscribed and sworn before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], this ____ day of __________, 20____.

 
_______________________________
Notary Public for the State of Delaware
My Commission Expires: _______________

(Official Seal)

END OF DOCUMENT