What Are the Legal Requirements for Drafting a Valid Will in Maryland?

A will is crucial for ensuring that your last wishes are carried out and that each member of your family in Annapolis, MD receives what you intended. However, if a will isn’t executed properly, it may be considered void. It’s therefore advisable to seek advice from a professional wills lawyer to ensure that your will complies with all required laws.

What Are the Legal Requirements for Drafting a Valid Will in Maryland?

Is an Oral Will Valid in Maryland?

For a will to be accepted as valid in Maryland, it must be recorded in writing. A handwritten will is valid, provided that it is written entirely in the person’s handwriting and also signed. Neither oral nor electronic wills are valid in Maryland. This means that if either an oral or electronic will is left, it cannot be legally used to distribute the estate.

Are There Any Other Legal Requirements for a Valid Will in Annapolis, MD?

There are only a few basic requirements that must be met to create a valid will in Maryland. The testator (the person making the will) must sign the will in the presence of two witnesses. Both the testator and the witnesses must be at least 18 years old. Beneficiaries can act as witnesses, but this is not generally recommended as it leaves the will vulnerable to being challenged in the future.

However, there are other, more complex requirements that must be considered when creating a will. These include ensuring that all the clauses are legally enforceable, and that the testator and witnesses are of sound mind.

What Can Render a Will as Invalid?

It’s not possible to create a definitive list of all the potential problems that may invalidate a will, but some of the most common include:

• Unclear or missing testator signature
• Lack of capacity of the testator or witnesses
• Lack of knowledge of the will’s contents by the testator
• Undue pressure or coercion
• Invalid witness signatures
• Subsequent marriage
• Unenforceable clauses

A subsequent marriage may not invalidate the whole will, but it could substantially change the terms. This is because under Maryland law a spouse has a right to inherit a share of the estate, even if they are not included in the will. Unenforceable clauses may also not invalidate the entire will. If the unenforceable clause is central and cannot be simply struck out, the will can be voided completely.

Consult an Experienced Wills Lawyer

Although it is not a legal requirement to use a lawyer to draft your will, it’s strongly advisable. This ensures that all clauses within the will are legally enforceable, and it is properly executed. It also provides a degree of protection against any possible future challenges. Knowing that your will has been professionally drafted and will be legally correct can provide considerable peace of mind when planning your estate.

We have extensive experience in comprehensive estate planning, including drafting wills. To find out how we could help you, contact us at Elville and Associates in Columbia, MD today. We also have offices in Annapolis and Rockville, MD for your convenience. 

Posted in Estate Planning | No Comments »