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Introduction: Maryland’s Law on Wills was Built “Piece-by-Piece”
As we have seen very clearly in some of our recent articles on the development of Maryland’s estate law, Maryland has put together its law on wills in a systematic, brick by brick manner. Each case has contributed a new layer to how Maryland’s law is constructed: how rigidly certain requirements are interpreted, the precise meaning of specific terms, and so forth. Essentially, Maryland has been developing the contours of what constitutes a valid will over a substantial period of time, well over one hundred years; all this information is certainly far from easy for laypeople to master, which is one of the primary benefits of having an estate law attorney.
We’ve spent time discussing specific cases in detail, but today we would like to focus on a short list of cases which make up a considerable portion of Maryland’s law on “attestation.” Attestation, as readers may know, is all about the requirements pertaining to witnesses: how many signatures are required, how those signatures must appear, etc. Here are a few of the core foundational cases in Maryland’s attestation law.
Brengle v. Tucker (1911)
As we will recall from our full article on this case, the testator in this scenario attempted to produce a last will and testament while on her deathbed. Although she was able to convey her intentions via written document, she only managed to obtain one signature (from the attending physician), and so the will was struck down on that basis. Maryland has a mandatory “two witness” requirement which is rigidly enforced.
Shane v. Wooley (1921)
This is a case which we have also discussed in a separate post. As we saw, the testator in this case obtained the correct number of signatures, had a separate signature page, and also had an attestation clause. The problem, however, is that the separate signature page was not actually connected physically or “affixed” to the page containing the substance of the will. So, there was a legitimate issue as to whether the signature page was actually associated with the will, and the will was defeated on this basis.
Slack v. Truitt (2002)
In this case, the witnesses who signed a given will later stated that they didn’t have “subjective intent” when signing, even though there was no dispute that the two witnesses did sign the will. Essentially, the witnesses later testified that they were unaware they were signing a will when the document eventually went to probate; however, the testator signed the document, and the witnesses themselves signed in the testator’s presence. The court ruled that, because the witnesses signed in the testator’s presence, the subjective intent which was later testified by the witnesses was insufficient to overturn the facial validity of the will.
Comrades v. Heller (1913)
This case – which is one we haven’t discussed in its own post yet, but likely will at a future point – discussed the issue of “imperfect” signatures on the part of testators. In this situation, the testator’s signature was called into question as it didn’t appear to match the testator’s usual style or look. After examination, the court ruled that such an imperfect signature was permissible provided there was no ambiguity regarding the testator’s intent.
In re Steiner (2022)
This case contributed an important layer to Maryland’s legal stance on “attestation clauses.” A formal attestation clause may be used in the context of a will to better certify that the witnesses are indeed credible and truly giving an expression of their consent. While this case established that such a clause isn’t ordinarily a firm requirement, lacking such a clause in a codicil may lead to additional judicial scrutiny.
Contact the Murphy Law Firm for Additional Information
Readers who want to know more about Maryland’s law on attestation, the essentials of developing an enforceable will, creating a valid irrevocable or revocable trust, or any other related matter, contact one of the estate planning attorneys at the Murphy Law Firm today by calling 240-219-1187.
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