How to Make Sure Your Will is Valid Under Maryland Law

Creating a valid will is an essential step in ensuring your final wishes are honored after your passing. In Maryland, specific legal requirements must be met for a will to be considered valid. Understanding these requirements can help prevent potential disputes and ensure that your estate is distributed according to your desires. Here’s what you need to know to make sure your will is valid under Maryland law.

1. Age Requirement

In Maryland, you must be at least 18 years old to create a valid will. Individuals younger than this are not legally permitted to draft their own wills. Ensure that you meet this age criterion before proceeding with the creation of the document.

2. Testamentary Capacity

You must have testamentary capacity when creating your will. This means that you should be of sound mind and able to understand the nature and consequences of making a will. In simpler terms, you should be aware of what assets you have and how you want them distributed upon your death.

3. Writing Requirement

Maryland requires that wills be in writing to be considered valid. This can be in the form of a typed document, handwritten notes, or even printed forms. Oral wills, known as "nuncupative wills," are generally not recognized in Maryland, except in very limited circumstances, such as for service members on active duty.

4. Signature

Your will must be signed by you or by another person at your direction and in your presence. This signature serves as a declaration that you intend the document to be your will. If someone else signs for you, there are strict guidelines that must be followed to ensure the signature is valid.

5. Witness Requirement

Maryland law mandates that your will be witnessed by at least two individuals. These witnesses must be present at the same time during the signing of the will. They should also be disinterested parties, meaning they should not stand to gain anything from your will. If your witnesses are beneficiaries, it could potentially invalidate their claims to the inheritance.

6. Notarization (Optional but Recommended)

While notarization is not a legal requirement in Maryland, having your will notarized can help establish its validity and may simplify the probate process. A notarized will can serve as evidence that the will was executed properly and can reduce the likelihood of challenges from family members or other parties.

7. Revocation of Previous Wills

If you create a new will, it is crucial to revoke any previous wills or codicils to avoid confusion. You can revoke an earlier will by explicitly stating your intent in the new will or by physically destroying the old will. Maryland law also recognizes oral revocations made in front of witnesses under specific circumstances.

8. Safe Storage

Once your will is validly executed, it’s essential to store it in a safe place. You can keep it in a safe deposit box, with your attorney, or in another secure location. Make sure your executor and trusted family members know where to find your will to ensure it's accessible when needed.

Conclusion

Ensuring your will is valid under Maryland law involves understanding and adhering to specific requirements. By following these guidelines, you can create a will that reflects your wishes and helps safeguard your estate. Consider consulting with an estate planning attorney to navigate the complexities of will creation and ensure your final directives are legally sound.