Although much of my law practice is focused on helping people to create or update their estate plans, I also have clients who have questions about the estate plan left behind by a recently deceased loved one. They may believe that the Last Will and Testament admitted to probate does not accurately reflect their loved one’s intentions or that improper conduct occurred before the Will was executed. If you are contemplating challenging a Will in Maryland, it is important to understand that a Will contest is a formal legal proceeding governed by Maryland law and, as such, you must establish legally recognized grounds for declaring the Will invalid and present evidence supporting your claim. We have handled many of these cases over the years. For anyone contemplating a Maryland Will contest, allow me to explain what you need to know before deciding to pursue legal action.
What Is a Will Contest?
A Will contest is a legal challenge to the validity of a Last Will and Testament that questions whether the document being offered for probate should be recognized as the decedent’s valid Will. If the challenge succeeds, the court may determine that the Will is legally invalid, potentially resulting in an earlier Will controlling the distribution of the estate or, if no valid prior Will exists, the estate passing according to Maryland’s intestate succession laws.
In Maryland, a Will contest is commonly referred to as a “caveat proceeding.” A caveat proceeding occurs within the probate process and involves the presentation of evidence, legal arguments, and judicial determinations regarding the validity of the challenged Will.
Because a successful caveat proceeding can significantly alter the distribution of an estate, Maryland courts require contestants to satisfy specific procedural requirements and prove legally recognized grounds for invalidating the Will. Simply believing the distribution is unfair or unexpected is not enough to pursue a Will contest in Maryland.
Understanding How Probate and a Will Contest Work Together
To understand how a Will contest proceeds, it is helpful to understand the probate process. Probate is the court-supervised administration of a decedent’s estate. At the beginning of the probate process, the court oversees the authentication of the decedent’s Will. When someone challenges the validity of the Will, that dispute becomes part of the probate proceeding and, as such, instead of immediately continuing with estate administration, the probate court must first determine whether the challenged document should be recognized as the decedent’s valid Last Will and Testament. Resolving that question is essential because the remainder of the probate process depends upon which document, if any, controls the distribution of the estate.
Who Has the Right to Contest a Maryland Will?
Not everyone who questions the validity of a Will has the legal right to challenge it. To be entitled to file a caveat proceeding in Maryland, you must have “standing,” meaning you possess a legally recognized interest in the outcome of the litigation. Typically, this limits potential challengers to a beneficiary named in the Will being offered for probate, a beneficiary named in a prior Will who would inherit if the current Will were invalidated, a legal heir who would inherit under Maryland intestacy laws if no valid Will ultimately controls the estate, and sometimes creditors of the estate.
There Are Strict Deadlines for Contesting a Will
Even if you have legitimate concerns regarding the validity of a Will, waiting too long may eliminate your opportunity to challenge it because Maryland law imposes strict deadlines for initiating a caveat proceeding. Typically, a petition to contest a Will must be filed within six months after the appointment of the Personal Representative. Missing that deadline may prevent the court from considering your claims regardless of their merit.
Under limited circumstances, the court may permit additional time if specific statutory requirements are satisfied, such as situations involving fraud, material mistake, substantial procedural irregularities, or circumstances in which you did not receive legally required notice of the probate proceedings. Because these exceptions are narrowly applied and involve detailed legal analysis, anyone contemplating a Will contest should consult an experienced Maryland probate attorney as soon as concerns arise.
What Must You Prove to Successfully Contest a Will?
One of the most common misconceptions about Will contests is that they may be filed simply because someone is unhappy with the contents of the Will. Maryland law, however, does not permit a caveat proceeding merely because you expected a larger inheritance, believe another beneficiary received preferential treatment, or disagree with the decedent’s estate planning decisions. Instead, you must establish legally recognized grounds demonstrating that the Will should not be admitted to probate or should be declared invalid, such as:
- Lack of Testamentary Capacity: Every person executing a Maryland Will must possess sufficient mental capacity at the time the document is signed. This legal standard, often referred to as testamentary capacity, generally requires that the Testator understand the nature of making a Will, appreciate the extent of his or her property, recognize the natural objects of his or her bounty, and understand how the Will distributes the estate. Simply having advanced age, memory loss, or even a diagnosis of dementia does not automatically establish lack of testamentary capacity. Instead, the relevant question is whether the Testator possessed the required mental capacity at the precise time the Will was executed.
- Undue Influence: Undue influence is among the most frequently asserted grounds for contesting a Will, but it is important to understand that not every attempt to persuade someone constitutes undue influence. Family members naturally discuss financial matters, caregiving arrangements, and estate planning and those ordinary conversations generally do not invalidate a Will. Undue influence occurs when another person exerts such overwhelming influence or control over the Testator that the resulting Will reflects the wishes of the influencer rather than the independent intentions of the Testator. These claims often involve allegations that an individual isolated the Testator from family members, manipulated a vulnerable person, controlled access to financial or medical information, or otherwise dominated the decision-making process surrounding the preparation and execution of the Will.
- Fraud and Forgery: A Will may also be challenged if it was procured through fraud or if the document itself is a forgery. Fraud generally involves deception that causes the Testator to sign a Will or include provisions that would not have been included had the Testator known the truth. For example, a person may intentionally misrepresent facts to influence the Testator’s decisions regarding beneficiaries or property, or the Testator may be deceived about the nature of the document being signed. Forgery alleges that the Testator did not actually sign the Will or that someone altered the document after it was executed. Establishing forgery frequently requires handwriting experts, forensic document examination, witness testimony, or other evidence demonstrating that the signature or document is not authentic.
- Duress: Although duress and undue influence are sometimes discussed together, they are distinct legal concepts. Undue influence generally involves manipulation or domination over time, whereas duress usually involves direct threats or coercion that deprive the Testator of the ability to exercise free choice. Examples may include threats of physical harm, financial retaliation, or other unlawful pressure that forces the Testator to execute a Will against his or her true wishes.
- Failure to Comply with Maryland’s Legal Requirements: Maryland law establishes specific formalities that must be satisfied before a Last Will and Testament is legally valid, such as the Testator must have legal capacity, the Will must be in writing, the Will must be properly signed, and the Will must be witnessed by two credible witnesses. If one or more of these statutory requirements were not satisfied, the Will may be vulnerable to challenge.
Do You Have Questions about a Maryland Will Contest?
For more information, please contact our estate planning office in Owings Mills, Maryland by calling 410-654-3850 to schedule an appointment.
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