Del. Code tit. 12 § 255

Current through 2024 Legislative Session Act Chapter 531

Section 255 - International will; certificate

The authorized person shall attach to the will a certificate to be

signed by the authorized person establishing that the requirements of this

subchapter for valid execution of an international will have been fulfilled.

The authorized person shall keep a copy of the certificate and deliver another

to the testator. The certificate must be substantially in the following form:

CERTIFICATE

I, _____________ (name, address and capacity), a person authorized to

act in connection with international wills, certify that on __________________

(date) at ____________________ (place) (testator)

__________________________________________________ (name, address, date and

place of birth) in my presence and that of the witness (a)

__________________________________ (name, address, date and place of birth)

and (b) __________________________________ (name, address, date and place

of birth)

has declared that the attached document is his or her will and that he or she knows the contents thereof.

I furthermore certify that:

(a) In my presence and in that of the witnesses:

(1) The testator has signed the will or has acknowledged his or her

signature previously affixed.

(2) * Following a declaration of the testator stating that he or

she was unable to sign the will for the following reason __________, I have

mentioned this declaration on the will,

* and the signature has been affixed by ________________________ (name and

address);

(b) The witnesses and I have signed the will;

(c) * Each page of the will has been signed by

______________________________ and numbered;

(d) I have satisfied myself as to the identity of the testator and

of the witnesses as designated above;

(e) The witnesses met the conditions requisite to act as such

according to the law under which I am acting;

(f) * The testator has requested me to include the following

statement concerning the safekeeping of the will:

____________________________________________________________

PLACE OF EXECUTION

DATE

SIGNATURE and, if necessary, SEAL

* to be completed if appropriate

12 Del. C. § 255

71 Del. Laws, c. 81, § 2; 70 Del. Laws, c. 186, § 1.;