Delaware Laws - Title 12 Decedents' Estates and Fiduciary Relations
Subchapter III. Disposition of a Person's Last Remains

Sec. 263. Reliance upon Declaration instruments. (314)(1-click HTML)

(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 party shall not be subject to criminal liability or regulatory sanction for such reliance. (315)

(b) A third party who deals with a declaration instrument may presume in the absence of actual knowledge to the contrary: (316)

(1) That the declaration instrument was validly executed; and (317)

(2) That the declarant was competent at the time the instrument was executed. (318)

(c) A third party who reasonably relies on a declaration instrument shall not be civilly or criminally liable for the proper application of property delivered or surrendered to comply with the declarant's instructions in the declaration instrument. (319)

(d) The directions of a declarant expressed in a declaration instrument shall be binding on all persons as if the declarant were alive and competent. (320)

(e) A third party who has reasonable cause to question the authenticity or validity of a declaration instrument may promptly and reasonably seek additional information from the person proffering such declaration or from other involved persons. A third party may require exhibition of the original declaration instrument or a notarized copy. (321)

(f) A third party seeking to fulfill a declarant's intent regarding disposition of last remains or ceremonial arrangements may disregard such intent if such intent is unreasonable under the circumstances. (322)

(74 Del. Laws, c. 295, Sec. 1.) (323)


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