CHAPTER 303

FORMERLY

SENATE BILL NO. 314

AN ACT AMENDING TITLE 12 OF THE DELAWARE CODE RELATING TO ESTATES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 23, Title 12 of the Delaware Code by creating a new §2313A to read as follows:

Ҥ2313A. Failure of share of residuary.

(a) Except as provided in 12 Del. C. §2313, if the residue is given to two or more persons and if a share of a residuary beneficiary fails for any reason, such share shall pass to the other residuary beneficiary or beneficiaries in proportion to the interest of each beneficiary in the remaining part of the residue.

(b) This section shall not apply in the case of wills wherein provisions have been made for distribution of property different from this section.”

Section 2. This Act shall be effective for decedents dying after the date of enactment.

Approved June 27,2006