§ 260 — Definitions [For application of this section, see 84 Del. Laws, c. 261, § 16]

Delaware § 260

• Jurisdiction: Delaware
• Title: 12
• Part: Wills
• Ch. 2: GENERAL PROVISIONS
• Subch.: Disposition of a Person’s Last Remains

Text

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 disposition of the declarant’s final remains and the ceremonies planned after a declarant’s death, including a document governing the disposition of final remains under this title or a United States Department of Defense Record of Emergency Data Form (DD Form 93) or any successor form executed by the declarant. Such a declaration may be made within a prepaid funeral, burial, cremation, or natural organic reduction contract with a mortuary, crematory, or natural organic reduction facility.

(4) “Final remains” or “last remains” means the deceased’s body after death, including what results following cremation or natural organic reduction.

(5) “Interested person” means the deceased’s spouse, parent, adult child, sibling, grandchild, and other person designated in a declaration instrument.

(6) “Natural organic reduction” means as defined under § 3101 of Title 16.

(7) “Natural organic reduction facility” means as defined under § 3101 of Title 16.

(8) “Reasonable under the circumstances,” applied to the declarant’s instructions, means appropriate in relation to the declarant’s finances, cultural or family customs, and religious or spiritual beliefs. “Reasonable under the circumstances” implies consideration of factors that include, but are not limited to, a prepaid funeral, burial or cremation plan of the declarant; the size of the declarant’s estate; the declarant’s cultural or family customs; the declarant’s religious or spiritual beliefs; and the known or reasonably ascertainable creditors of the declarant.

(9) a. “Third party” means a person:

1. Who is requested by a declaration instrument to act in good faith in reliance upon such instrument;

2. Who is delegated discretion over ceremonial or dispositional arrangements in a declaration instrument under § 264 of this title; or

3. Who is delegated discretion over ceremonial or dispositional arrangements in a declaration instrument.

b. “Third party” includes, but is not limited to, a funeral director, mortician, mortuary, crematory, or cemetery.

(10) “Unreasonable” means an act that is clearly unreasonable, pursuant to the definition of “reasonable under the circumstances” under this section.

Legislative History

74 Del. Laws, c. 295, § 1 ; 77 Del. Laws, c. 296, § 1 ; 84 Del. Laws, c. 261, § 9