When a loved one passes away, it can be an emotional and challenging time. Things can become even more complicated if there are disputes about the validity of the deceased person’s will. In Maryland, there is a legal process in place for contesting a will, but it’s important to understand the steps involved, the grounds for doing so, and what to expect if you find yourself in this situation.

What Makes a Will Invalid in Maryland?

In Maryland, not every will contest will succeed. To declare a will invalid, you need to have valid legal grounds. Simply disagreeing with the contents of the will is not enough. Maryland courts recognize specific reasons that can render a will invalid:

1. Lack of Testamentary Capacity

One of the most common grounds for challenging a will is the claim that the testator (the person who created the will) lacked testamentary capacity at the time the will was executed. To have testamentary capacity in Maryland, the testator must:

• Understand they are creating a will.
• Know the nature and extent of their assets.
• Recognize the natural beneficiaries of their estate (such as family members).
• Understand how their assets will be distributed under the will.

If the testator suffered from severe dementia, mental illness, or was under the influence of mind-altering substances, this could form the basis for a challenge.

2. Undue Influence

Undue influence occurs when someone exerts excessive pressure on the testator, overpowering their free will. This often involves situations where a caregiver, family member, or friend manipulates the testator to benefit themselves in the will.

Signs of undue influence can include:

• Sudden changes to the will shortly before death.
• A will that benefits an unexpected party.
• Isolation of the testator from friends and family.
• A vulnerable or dependent testator, such as someone suffering from illness or advanced age.
• Control over the testator’s finances, medical decisions, or daily life by the person benefiting from the will.
• Prevention of other family members or friends from having contact with the testator.

3. Fraud or Forgery

A will can be declared invalid if it was procured through fraud or is a forgery. For example:

• If someone lies to the testator about the contents of the will to induce certain changes.
• If someone forges the testator’s signature.
• If a fraudulent document is passed off as a legitimate will.

4. Improper Execution

Maryland law sets specific requirements for how a will must be executed to be valid. If these formalities are not followed, the will may be invalid. In Maryland, a valid will generally requires:

• The testator to sign the document.
• Two credible witnesses who also sign the will in the testator’s presence.

Failure to meet these requirements can lead to a successful will contest.

Who Can Contest a Will in Maryland?

Not just anyone can contest a will in Maryland. To bring a challenge, you must have standing—meaning you have a direct, personal interest in the outcome of the estate. Typically, this includes:

• Heirs-at-law (such as children or spouses who would inherit if there were no will).
• Beneficiaries named in a previous version of the will.
• Creditors or other parties with a financial interest in the estate.

If you are unsure whether you have standing, an experienced Maryland probate attorney can evaluate your situation.

The Process for Challenging a Will in Maryland

Understanding the process is crucial if you are considering contesting a will. Here’s what to expect:

Step 1: File a Caveat Proceeding

In Maryland, the formal process for contesting a will is known as filing a caveat proceeding. This is done in the Orphans’ Court or the Register of Wills in the county where the deceased person lived. Timing is important. If you were notified of the will filing, you generally have six months from the date of notification to file your caveat. If you were not notified, you may have up to six months from the date the will was admitted to probate. Missing this deadline can bar your claim, so it’s critical to act promptly. A Maryland estate attorney can help you with this.

Step 2: Gather Evidence

To succeed in contesting a will, you’ll need to provide strong evidence supporting your claim. This may include:

• Medical records indicating mental incapacity.
• Witness testimony about the testator’s state of mind.
• Documentation showing undue influence or coercion.
• Handwriting analysis in cases of forgery.

Your Maryland probate attorney will play a vital role in gathering and presenting this evidence.

Step 3: Attend Hearings

After filing a caveat, there may be hearings in the Orphans’ Court. During these proceedings, both sides can present evidence and make arguments. The court will evaluate the evidence and determine whether the will is valid.

If the will is declared invalid, the court may:

• Admit a prior valid will to probate.
• Distribute the estate according to Maryland’s intestacy laws if no other will exists.

Step 4: Appeals (If Necessary)

If you disagree with the Orphans’ Court’s decision, you have the right to appeal to the Circuit Court of Maryland. Your attorney can advise you on the likelihood of success and guide you through the appellate process.

The Importance of Legal Representation

Challenging a will is complex, both emotionally and legally. The burden of proof falls on the party contesting the will, and these cases often involve detailed factual disputes and intricate legal standards. Working with an experienced Maryland probate litigation attorney, like the team at Blackford & Flohr, can make a significant difference in the outcome of your case.

The best estate attorneys will:

• Evaluate your case thoroughly.
• Help you understand your legal rights.
• Collect and present compelling evidence.
• Represent you in court proceedings.
• Work to protect your interests and the integrity of your loved one’s wishes.

Alternatives to Will Contests: Mediation and Settlement

While litigation is sometimes necessary, it’s not the only option. Mediation and settlement discussions can help resolve disputes without the cost and stress of a full trial. In Maryland, courts often encourage parties to explore alternative dispute resolution methods to reach an agreement that works for all involved.

An experienced attorney can help you negotiate settlements that respect your interests while avoiding lengthy court battles.

Final Thoughts

Contesting a will in Maryland is a serious matter that requires clear legal grounds, careful adherence to deadlines, and strong evidence. Whether you suspect undue influence, lack of capacity, or fraud, understanding the process is essential to protect your rights and the legacy of your loved one.

Contact Us for Maryland Probate Attorney Services

At Blackford & Flohr, we are here to guide you through every step of this difficult journey. Our team provides compassionate, knowledgeable legal support for families facing probate disputes. If you have questions about challenging a will or need help navigating Maryland estate law, contact us today for a consultation.