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2016 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
CHAPTER 2. GENERAL PROVISIONS
Subchapter I Tenets and Principles
§ 213. Rules for construction or interpretation of will or trust.

Universal Citation:
12 DE Code § 213 (2016)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

In the construction or interpretation of any will or trust, the following rules shall apply in the absence of any contrary expression of intent in such will or trust:

(1) The period of time during which an interest in trust is revocable pursuant to the uncontrolled volition of the person having such a power of revocation shall not be included in determining whether the trust is invalid under the rule against perpetuities.

(2) There shall be no presumption that a testator or trustor did or did not intend that any law apply to a will or trust which was not in effect on the date of execution of such will or trust instrument.

(3) Except where the will or trust instrument expressly provides to the contrary, the determination of a class shall be governed by the law in effect on the date the will or trust instrument becomes irrevocable.

64 Del. Laws, c. 253, § 1; 65 Del. Laws, c. 422, § 2.;

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