Delaware
How Bennett v. Bennett applies in Delaware: state-specific rules, key cases, and bar exam notes for Wills & Trusts.
Delaware law recognizes the principles of testamentary intent and the circumstances surrounding the drafting of wills as pivotal in determining their validity. The state emphasizes the need for clear manifestation of intent by the testator to ensure the decedent’s wishes are honored.
Delaware requires wills to be executed in accordance with its statute (11 Del. C. § 202) that mandates the presence of two witnesses. If a will lacks compliance with these formalities, it may be deemed invalid regardless of the testator's intentions.
Established that the intent of the testator can be inferred from the surrounding circumstances even if the document did not comply strictly with statutory requirements.
Affirmed that testamentary wishes should be upheld where there is clear and convincing evidence of the testator's intentions, emphasizing substance over form.
Introduced the concept that an informal writing could be valid as a will if it expressed clear testamentary intent, thus aligning with equitable principles.
Delaware's approach closely mirrors the federal doctrine regarding testamentary intent, prioritizing the actual intent of the testator over procedural formalities. However, Delaware has established specific statutory requirements that differ somewhat from the Uniform Probate Code used in other jurisdictions, which may allow more flexibility.
Issues pertaining to the validity of wills and the intentions of testators are often tested on the Delaware bar exam, making the principles outlined in Bennett v. Bennett and related precedents highly relevant.