§ 101 — Definitions

Delaware § 101

• Jurisdiction: Delaware
• Title: 12
• Part: General Provisions
• Ch. 1: DEFINITIONS

Text

For the purpose of wills, intestate succession and for all other purposes under this title, the following definitions shall apply:

(1) “Child” includes any individual entitled to take as a child under this title by intestate succession from the parent whose relationship is involved and excludes any person who is only a stepchild, a foster child, a grandchild or any more remote descendant.

(2) “Good faith” means honesty in fact and the observance of reasonable standards of fair dealing.

(3) “Heir” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent and shall include kin and kindred.

(4) “Issue” of a person means all of the person’s lineal descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in this title.

(5) “Parent” includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent or grandparent.

(6) “Personal representative” includes executor, administrator, successor administrator and administrator with will annexed, and persons who perform substantially the same function under the law governing their status.

(7) The definitions of “child,” “issue” or “parent” contained in this section shall not limit the right of a testator to provide by will for a definition different from those contained in this section.

Legislative History

59 Del. Laws, c. 384, § 1 ; 70 Del. Laws, c. 186, § 1 ; 79 Del. Laws, c. 352, § 1