SENATE BILL NO. 308
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO WILLS AND TRUSTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 2, Title 12, Delaware Code, by adding thereto a new section designated as §213 to read as follows:
"§213. Interpretation of Will or Trust
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:
(a) 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.
(b) 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.
(c) 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 of execution of the will or trust instrument."
Section 2. This act shall be effective August 1, 1984, and shall apply to the estates of decedents dying on or after that date.
Approved May 13, 1984.