Maryland’s Will Contest Rules: How to Challenge a Will

Maryland’s Will Contest Rules: How to Challenge a Will

In Maryland, challenging a will can be a complex process subject to specific legal guidelines. If you believe that a will is invalid or that you have standing to contest it, understanding Maryland’s will contest rules is essential. Below, we will explore the critical aspects of challenging a will in Maryland.

Grounds for Contesting a Will in Maryland

There are several grounds on which you can contest a will in Maryland:

  • Lack of Testamentary Capacity: The testator (the person who made the will) must have the mental capacity to understand the nature of making a will. If they were of unsound mind at the time of signing the will, it may be contested.
  • Undue Influence: If the testator was coerced or manipulated into creating or changing a will, this can be grounds for a contest. The relationship between the testator and the influencer is often scrutinized.
  • Improper Execution: Maryland law requires that a will be signed by the testator and witnessed by two individuals. If these formalities weren’t followed, the will may be deemed invalid.
  • Fraud: If the will was procured by deceit or misrepresentation, it can be contested on the basis of fraud.

Who Has Standing to Contest a Will?

In Maryland, individuals who have a legitimate interest in the estate, often referred to as "interested parties," can contest a will. This includes:

  • Beneficiaries named in a prior will
  • Heirs at law who would inherit under intestacy laws
  • Persons or entities directly affected by the will's provisions

The Process of Contesting a Will

The process of contesting a will in Maryland generally involves the following steps:

  1. File a Petition: The contesting party must file a petition in the Orphan's Court of the county where the decedent lived. This petition should outline the grounds for contestation.
  2. Notify Interested Parties: All interested parties must be notified of the contest. This includes heirs and beneficiaries who may be affected by the outcome.
  3. Discovery Phase: This phase allows both sides to gather evidence, which may include depositions, documents, and expert testimony to support their claims.
  4. Trial: If the matter cannot be settled out of court, it will proceed to trial. Both parties can present evidence, and the court will make a determination regarding the validity of the will.
  5. Appeal: If unsatisfied with the court’s ruling, parties have the right to appeal the decision to a higher court within a specific timeframe.

Time Limits for Contesting a Will

Maryland imposes strict time limits on will contests. Generally, a petition must be filed within six months of the appointment of the personal representative of the estate. It’s crucial to adhere to these deadlines, as failing to do so may result in losing the right to contest the will.

Consult an Experienced Estate Attorney

Challenging a will can involve intricate legal considerations and requires a sound understanding of both Maryland law and the specific circumstances surrounding the will. It is highly advisable to consult with an experienced estate attorney who can guide you through the process and help you build a strong case based on the facts and evidence available.

In conclusion, while contesting a will in Maryland is feasible, it involves navigating a structured legal process and adhering to specific regulations. Knowing your rights and seeking professional assistance can significantly impact the outcome of a will contest.