Can a Will Be Contested in Maryland? What You Need to Know

Introduction

Most families hope that when a loved one passes away, their final wishes will be honored without conflict. Unfortunately, questions sometimes arise about whether a will is authentic, properly signed, or truly reflects the wishes of the person who created it.

In Maryland, a will or codicil may be challenged through a legal proceeding known as a will caveat. However, a person cannot successfully contest a will simply because they believe the inheritance is unfair.

A will contest focuses on whether the document is legally valid, not whether every beneficiary received an equal or expected share.

What Does It Mean to Contest a Will?

Contesting a will means formally challenging the validity of a document presented as someone’s Last Will and Testament.

A person contesting the will is commonly called the caveator.

A successful challenge may result in:

• All or part of the will being declared invalid

• A prior valid will being admitted instead

• The affected property passing under Maryland intestacy law if no valid prior will exists

• Changes to who may serve as personal representative

A will contest is different from a disagreement over how the personal representative is administering the estate. Concerns involving accounting, property management, creditor payments, or distributions may require a different probate objection or petition.

Who Can Contest a Will in Maryland?

Not everyone has the legal right to file a will contest. A person generally must have a direct legal or financial interest in the estate.

This may include:

• An heir who would inherit under Maryland intestacy law

• A beneficiary named in the current will

• A beneficiary named in an earlier will or codicil

• A surviving spouse with rights affected by the estate plan

Being disappointed, excluded, or treated differently from another family member does not, by itself, establish a valid challenge. The person must have legal standing and evidence supporting a recognized ground for contesting the will.

A surviving spouse may also have separate rights under Maryland’s elective-share law. An elective-share claim is not necessarily a will contest because the spouse may seek a statutory share without arguing that the entire will is invalid.

Common Grounds for Contesting a Will

Maryland courts do not invalidate wills merely because the terms appear surprising or unequal. A challenge must be based on a recognized legal ground and supported by evidence.

1

Lack of Testamentary Capacity

The person creating a will is known as the testator.

To make a valid will, the testator must be legally competent when the document is executed.

Testamentary capacity generally involves understanding:

• That the document is a will

• The general nature and extent of one’s property

• The people who would ordinarily be expected to inherit

• How the will distributes the property

A diagnosis of dementia, memory loss, or another medical condition does not automatically invalidate a will.

The key question is whether the testator had sufficient capacity at the time the will was signed.

Relevant evidence may include medical records, witness testimony, attorney notes, correspondence, and information about the person’s behavior near the date of execution.

2

Undue Influence

Undue influence may occur when another person exerts such pressure over the testator that the resulting will reflects the influencer’s wishes rather than the testator’s independent decisions.

Warning signs may include:

•  A vulnerable or dependent testator

• Isolation from relatives or trusted advisors

• A caregiver, companion, or relative controlling access to the testator

• The influencer arranging or directing the estate-planning appointment

• An unexpected change that heavily benefits the person involved

• Secrecy surrounding the preparation or signing of the will

An unusual gift alone does not prove undue influence. The evidence must demonstrate more than persuasion, advice, or a close relationship.

3

Fraud

A will may be challenged if fraud affected its creation or execution.

Examples may include:

• Tricking someone about the document they are signing

• Intentionally misrepresenting facts to cause someone to change a will

• Substituting pages or documents

• Presenting a false document as the deceased person’s will

If someone tricked the testator into signing a document they did not understand, or if someone forged a signature or document, the will may be challenged on those grounds.

Fraud allegations require factual support. Suspicion without documents, testimony, or surrounding evidence is generally not enough.

4

Forgery

A forged will or signature does not represent the testator’s wishes and may be challenged.

Evidence may involve:

• Handwriting analysis

• Testimony from witnesses

• Copies of verified signatures

• Electronic records

• Evidence showing the testator could not have signed the document

A challenge may concern the testator’s signature, a witness’s signature, or alterations made after execution.

5

Improper Execution

Maryland imposes formal requirements for executing most wills.

Generally, a Maryland will must be:

• In writing

• Signed by the testator, or by another person acting at the testator’s express direction and in the testator’s presence

• Attested and signed by at least two credible witnesses

A will may be challenged when required signatures or witness formalities were not properly completed.

However, the absence of notarization does not automatically invalidate an otherwise valid Maryland will. Notarization and affidavits may assist with probate, but the central requirements involve the writing, the testator’s signature, and the required witnesses.

👉 For a clearer explanation of Maryland will requirements, read “Do I Really Need a Will? What Every Maryland Resident Should Know.”

6

Revocation or a Later Will

A challenge may also involve whether the document presented for probate was revoked or replaced.

Questions may arise when:

• Multiple wills are discovered

• A later will contradicts an earlier one

• The original document cannot be found

• Pages appear altered

• The testator reportedly destroyed the will

• A codicil changes only part of the original will

The newest document is not automatically controlling unless it was validly executed and was not later revoked.

How Long Do You Have to Contest a Will?

Will contests are subject to strict deadlines.

In Maryland, the general deadline to file a caveat is usually six months from the first appointment of a personal representative under the will.

Other procedural rules may apply depending on:

• Whether the will has already been admitted to probate

• When notice was provided

• Whether the estate is being administered as a small or regular estate

• The type of petition or objection being filed

• Whether a later will is discovered

Because missing a deadline may prevent a claim from moving forward, anyone considering a challenge should seek legal guidance as soon as possible.

How Does a Maryland Will Contest Work?

A will contest is generally initiated by filing a petition to caveat.

The process may include:

1.    Filing the petition and stating the legal grounds for the challenge

2.    Providing notice to interested persons

3.    Responding to the caveat on behalf of the estate or will proponents

4.    Exchanging documents and other evidence

5.    Taking depositions or obtaining witness testimony

6.    Reviewing medical, financial, legal, or electronic records

7.    Presenting the dispute for a judicial decision

Evidence in a will contest may include:

·         The original will and earlier versions

·         Drafts and attorney notes

·         Witness testimony

·         Medical and mental-health records

·         Emails, text messages, or letters

·         Financial records

·         Handwriting evidence

·         Information showing who arranged or attended estate-planning meetings

These cases can become costly and time-consuming, particularly when the facts are disputed or several family members are involved.

👉 For a broader explanation of estate administration, court filings, and the role of the personal representative, read “Your Complete Guide to Probate.”

A personal representative may also continue handling certain estate responsibilities while a dispute is pending, subject to the court’s authority and the circumstances of the case.

👉 Learn more in “Executor Duties in Maryland: What You Need to Know.”

Who Has to Prove the Will Is Invalid?

The burden of proof may depend on the legal issue, the stage of the proceeding, and the evidence presented.

A will that appears properly executed may receive certain legal presumptions during probate. However, a caveator may present evidence challenging:

• Execution

• Testamentary capacity

• Undue influence

• Fraud

• Forgery

• Revocation

• Another issue affecting validity

Because the burdens and presumptions can be complex, a person should not assume that an unusual will is automatically invalid or that a signed will is automatically immune from challenge.

Can You Reduce the Risk of a Will Contest?

No estate plan can guarantee that a dissatisfied person will never file a challenge. However, thoughtful planning can make your intentions clearer and create stronger evidence that the plan reflects your wishes.

Execute the Will Properly

The will should comply with Maryland’s signing and witnessing requirements. Improper execution creates an avoidable basis for a challenge.

Work With an Estate-Planning Attorney

An attorney can:

• Meet directly with the person creating the will

• Ask questions related to capacity and intent

• Identify possible undue-influence concerns

• Explain the consequences of disinheriting or treating beneficiaries differently

• Maintain records of the planning and execution process

Update the Plan After Major Life Changes

An outdated plan may create confusion or conflict after:

• Marriage or divorce

• A birth or adoption

• The death of a beneficiary

• A major change in property or finances

• A family estrangement or reconciliation

• A move to another state

👉 Our guide, “Top 10 Tips for Effective Estate Planning in Maryland,” explains when an estate plan should be reviewed and which documents may need attention.

Explain Unusual Decisions Carefully

A person may have legitimate reasons for making unequal gifts or excluding someone. Those decisions should be addressed deliberately and documented appropriately with legal guidance.

Long explanations written directly into a will are not always advisable because they may create ambiguity or expose private family information. An attorney can recommend the best way to preserve evidence of intent.

Consider a Trust When Appropriate

A properly funded trust may provide greater privacy and more detailed control over distributions. However, trusts can also be challenged, and creating a trust does not eliminate every possibility of litigation.

The choice between a will and a trust should depend on the person’s assets, family structure, privacy concerns, and planning goals.

👉 To compare these tools, read “Trusts vs. Wills: What Maryland Families Need to Know.”

Keep Beneficiary Designations Consistent

Life insurance, retirement accounts, and other beneficiary-designated assets may pass outside the will. Conflicting or outdated designations can create disputes even when the will itself is valid.

Preserve the Original Documents

The original signed will should be kept in a secure and accessible location.

Trusted individuals should know where it is stored and how to obtain it after death.

👉 For more ways to avoid unclear, outdated, or incomplete planning, download “The 5 Estate Planning Mistakes.”

FINAL THOUGHTS

Contesting or Defending a Will Is a Serious Matter

A surprising or unequal inheritance does not automatically mean a will is invalid.

Whether you are questioning a suspicious change or defending a loved one’s estate plan, early legal guidance is important. Waiting may result in lost evidence, missed deadlines, or unnecessary complications.

At DK Law Group, we help Maryland families understand probate disputes, estate-planning documents, and the legal options available when questions arise about a loved one’s final wishes.

KEY TAKEAWAYS

• Only certain individuals have legal standing to contest a will in Maryland.

• Unfairness alone is not a legal ground for invalidating a will.

• Recognized grounds may include lack of testamentary capacity, undue influence, fraud, forgery, improper execution, or revocation.

• Strict filing deadlines apply, so prompt action is important.

• Thoughtful estate planning may help reduce disputes by making intentions clearer and preserving evidence of those intentions.

 Have Questions About a Will Dispute?

Whether you are considering contesting a will or defending one, understanding your rights and options early can help you make informed decisions.

Contact DK Law Group to discuss your circumstances and possible next steps.

Phone: 240-266-0291

Email: diana@dklawmd.com

 Disclaimer

This blog is provided for informational purposes only and should not be interpreted as legal advice or as a substitute for advice from a qualified attorney. Every estate dispute is unique, and Maryland probate laws may apply differently depending on the specific facts and circumstances. Reading this article does not create an attorney-client relationship. If you have questions about contesting or defending a will, consult a qualified Maryland probate attorney.

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Written by

The DK Law Group Legal Team

At the heart of our practice, we provide strategic legal advice to businesses, families, and real estate professionals.

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