Delaware Last Will and Living Trust Forms

Wills and trusts are both legal instruments for managing your loved one's assets, but they serve different purposes and have distinct characteristics.

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Helpful Highlights

  • It is strongly encouraged that you read the following Helpful content Guides before selecting a will or trust form:

    • Defining Wills and Trusts

    • Revocable vs. Irrevocable Trusts

    • Should We Get a Will or a Trust? What's the Difference?

  • Below is a limited list of Will and Trust forms available in Delaware.

    • There are many other types of wills and trusts. Wills such as a pour-over will, testamentary trust will, and holographic will; and Trusts such as a charitable trust, asset protection trust, and generation-skipping trust.

  • All forms included here are free.

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Key to the links below

  • The PDF link will take you to a download and/or print-only document that can be completed by hand (must be in black ink).

  • The FILL PDF link will take you to a fillable document that you can edit electronically before printing (blue fields in which to type).

  • The ODT link will download a Microsoft Word document that you can edit manually before printing (no blue fields and text will move with typing).

Note that not all forms have all the above document types available. Those that are available are included.

DELAWARE

Last Will

  • Last Will and Testament. This legal document allows your loved one (testator) to specify how their assets and property should be distributed upon their death. In a last will, your loved one can name beneficiaries who will inherit their assets, appoint an executor to manage the estate and carry out the instructions of the will, designate guardians for minor children or adults with special needs, if applicable, and outline any specific wishes regarding funeral arrangements or the disposition of personal belongings. A last will serves as a crucial tool in estate planning, providing clarity and guidance for the distribution of assets and ensuring that your loved one's wishes are carried out according to their preferences and intentions. Requires two (2) witnesses AND a notary public.

DELAWARE

Living Trust

  • Revocable Living Trust. In this legal arrangement, your loved one (settlor) transfers ownership of their assets into a trust during their lifetime, with themselves typically serving as the initial trustee and beneficiary. Your loved one retains the ability to amend or revoke the trust at any time (unlike an irrevocable trust that cannot be amended or revoked except under highly special circumstances). Upon your loved one's death or incapacity, a successor trustee pre-designated by your loved one steps in to manage the trust assets and distribute them to the designated beneficiaries according to the terms outlined in the trust document. Requires two (2) witnesses AND a notary public.

RESOURCES

eForms - DE Will (Electronic Forms LLC, 2023)

eForms - DE Trust (Electronic Forms LLC, 2023)

While the documents contained here are considered legally binding when properly executed, no content in this app, regardless of date, should ever be used as a substitute for any direct legal advice you receive from your lawyer or other qualified legal professionals.

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