§ 260. Definitions. As used in this subchapter, unless the context otherwise requires: (1) “Adult” means a natural person 18 years of age or older. (2) “Declarant” means a competent adult who signs a declaration pursuant to the provisions of this article. (3) “Declaration instrument” means a written instrument, signed by a declarant, governing the […]
§ 261. Limitations. This subchapter shall not be construed to: (1) Invalidate a declaration instrument or will, codicil, trust, power of appointment or power of attorney; (2) Invalidate any act of an agent, guardian, or conservator; (3) Affect any claim, right or remedy that accrued prior to June 30, 2004; (4) Authorize or encourage acts […]
§ 262. Declaration of disposition of last remains. The declarant may specify, in a declaration instrument, any 1 or more of the following: (1) The disposition to be made of the declarant’s last remains; (2) Who may direct the disposition of the declarant’s last remains; (3) The ceremonial arrangements to be performed after the declarant’s […]
§ 263. Reliance upon declaration instruments. (a) A third party who acts in good faith reliance on a declaration instrument that is legally executed shall not be subject to civil liability to any greater extent than if the third party were dealing directly with the declarant as a fully competent and living person. Such third […]
§ 264. Right to dispose of remains. (a) The right to control disposition of the last remains or ceremonial arrangements of a decedent vests in and devolves upon the following persons, at the time of the decedent’s death, in the following order: (1) The decedent if acting through a declaration instrument; (2) The surviving spouse […]
§ 265. Declaration of disposition of last remains; form. The following declaration of disposition of last remains must be substantially in the following form: DECLARATION OF DISPOSITION OF LAST REMAINS I, (Name of Declarant), being of sound mind and lawful age, hereby revoke all prior declarations, wills, codicils, trusts, powers of appointment, and powers of […]
§ 266. Declaration — other points of form. (a) The form set forth in § 265 of this title is not exclusive, and a person may use another form of declaration instrument if the wording of the form complies substantially with § 265 of this title, the form is properly completed, and the form is […]
§ 267. Declaration — revocation generally. A declaration may be revoked by the declarant in writing or by burning, tearing, canceling, obliterating, or destroying the declaration instrument with the intent to revoke such instrument. 74 Del. Laws, c. 295, § 1;
§ 268. Declaration — revocation by divorce. Unless otherwise expressly provided in a declaration instrument, a subsequent divorce, dissolution of marriage, annulment of marriage, or legal separation between the declarant and spouse automatically revokes a delegation to the declarant’s spouse to direct the disposition of the declarant’s last remains or ceremonies after the declarant’s death. […]
§ 269. Declaration — revocation of designee. Unless otherwise specified in the declaration instrument, if a declarant revokes a delegation to a person to direct the disposition of the declarant’s last remains or ceremonies after the declarant’s death, or if such person is unable or unwilling to serve, the nomination of such person shall be […]
§ 270. Interstate effect of declaration. (a) Unless otherwise stated in a declaration instrument, it shall be presumed that the declarant intends to have that declarant’s own declaration instrument executed pursuant to this subchapter and recognized to the fullest extent possible by other states. (b) Unless otherwise provided in the declaration instrument, a declaration instrument […]
