Contesting a will in Maryland  involves a legal process known as a caveat proceeding. This process allows interested parties to challenge the validity of a will under specific circumstances. Understanding the steps and legal requirements is crucial for anyone considering such an action.​

What Is a Caveat Proceeding?

A caveat proceeding is a formal objection raised against the probate of a will, questioning its validity. This process ensures that the decedent’s true intentions are honored and that the estate is distributed fairly among rightful beneficiaries.​

Who Can File a Caveat in Maryland?

In Maryland, only interested persons have the legal standing to file a caveat. According to Maryland Rule 6-431, an interested person is defined as:​

• Heirs at law: Individuals who would inherit under state intestacy laws if the decedent had died without a will.​
• Legatees: Beneficiaries explicitly named in the current or any prior wills of the decedent.​

This includes spouses, children, parents, and sometimes creditors who have a legitimate claim against the estate. ​

Grounds for Contesting a Will

To successfully challenge a will, the caveator must establish valid legal grounds, such as:​

1. Lack of Testamentary Capacity

The testator (the person who made the will) must have had the mental capacity to understand the nature of their actions when creating the will. If it’s proven that the testator lacked this capacity due to mental impairment or illness, the will can be deemed invalid. ​

2. Undue Influence

If the testator was coerced or manipulated into drafting the will in a certain way, it may be considered a product of undue influence. This typically involves situations where someone in a position of trust exploits the testator for personal gain. ​

3. Fraud or Forgery

A will procured through deceit or one that contains forged signatures is invalid. For example, if someone misrepresents facts to the testator to influence the will’s content, it constitutes fraud. ​griffinselbylaw.com

4. Improper Execution

Maryland law requires specific formalities for a will to be valid, such as being in writing, signed by the testator, and witnessed by two credible individuals. Failure to adhere to these requirements can render the will invalid. ​fredfranke.com

5. Existence of a Newer Will

If a more recent will is discovered that contradicts the provisions of the current will in probate, the newer document may take precedence, rendering the earlier will invalid. ​

Timeframe for Filing a Caveat

Timing is critical when contesting a will in Maryland. A verified petition to caveat must be filed within six months following the first appointment of a personal representative under the will. If a different will is subsequently offered for probate, the caveat must be filed within the later of:​

• Three months after the later probate; or​
• Six months after the first appointment of a personal representative of a probated will.​

Steps to File a Caveat in Maryland

The process of filing a caveat involves several key steps:​

1. Consult an Estate Planning Attorney

Before initiating a caveat proceeding, it’s advisable to consult with an experienced estate planning attorney in Maryland. They can provide guidance on the validity of your claims and navigate the legal complexities involved.​

2. Prepare the Petition to Caveat

The petition must be in writing, signed, and verified by the petitioner. According to Maryland Rule 6-431, it should include:​

• The petitioner’s name, address, and relationship to the decedent or interest in the estate.​
• The date of the decedent’s death.​
• Identification of the will or codicil being challenged, including whether it has been offered for or admitted to probate.​
• Allegations detailing why the instrument is not valid.​
• Identification of any other instrument claimed to be the decedent’s last will, with a copy attached if possible.​
• A list of all interested persons who could be affected by the proceeding.​
• The relief sought, including a request for probate of any other instrument claimed to be the true last will.​

3. File the Petition with the Register of Wills

Submit the completed petition to the Register of Wills in the county where the decedent resided. Ensure all accompanying documents, such as the list of interested persons and notices, are included.​g

4. Notify Interested Persons

After filing, you must notify all interested persons, including beneficiaries and heirs, about the caveat proceeding. This ensures that they have an opportunity to respond or participate in the process.​

5. Attend Court Proceedings

The Orphans’ Court will schedule hearings to examine the validity of the will. Both the caveator and proponents of the will can present evidence and arguments. The court will then decide on the validity of the will based on the presented facts.

Potential Risks and Consequences of Contesting a Will

1. Legal Costs

Caveat proceedings can be lengthy and expensive, especially if the dispute escalates into litigation. Attorney fees, court costs, and expert witness fees can add up quickly, making it essential to assess whether the financial and emotional investment is worth the potential outcome. If the case is unsuccessful, the caveator may still be responsible for legal expenses, which can be a significant burden.

2. Family Conflict

Contesting a will can strain family relationships, sometimes leading to irreparable rifts among heirs. These disputes can create long-term divisions, particularly if the challenge is seen as an attack on the deceased’s wishes. Before filing a caveat, it is important to consider whether mediation or negotiation could resolve concerns without resorting to litigation.

3. Risk of a No-Contest Clause

Some wills include a no-contest clause (in terrorem clause), which states that any beneficiary who challenges the will forfeits their inheritance. While Maryland courts may not always enforce these clauses if a challenge is based on probable cause, caveators should still consult an estate attorney to understand the risks involved in filing a caveat.

4. Lengthy Court Proceedings

Will contests can take months or even years to resolve, particularly if multiple legal challenges arise. This delay can freeze the distribution of estate assets, leaving beneficiaries in financial limbo. The longer the case takes, the more resources are spent on legal fees, increasing the stakes for all parties involved.

How to Strengthen a Caveat Case

If you decide to proceed with contesting a will in Maryland, consider these steps to build a strong case:

• Gather Evidence: Collect medical records, witness statements, financial documents, and any communication that may support claims of incapacity, undue influence, or fraud.
• Work with an Expert Witness: A forensic accountant or medical expert can provide professional testimony regarding the testator’s mental state or financial circumstances.
• Seek Mediation First: Attempting an alternative dispute resolution before litigation can sometimes lead to a mutually agreeable solution and save time and money.
• Ensure Timely Filing: Remember the six-month deadline to initiate a caveat proceeding and act quickly to avoid missing your opportunity to contest the will.

Contact Blackford & Flohr for Legal Assistance

If you believe a will was executed under questionable circumstances, the estate planning attorneys at Blackford & Flohr can help. Our experienced Maryland estate planning attorneys assist clients in contesting wills, navigating probate litigation, and protecting their inheritance rights. Contact us today.