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Introduction: The Basics of Challenging / Contesting a Will
Many laypeople assume that a last will and testament is something “set in stone” and not open to challenges or contests from interested parties. On its face this assumption makes sense, because a last will and testament has all the outward indications of being “final” and complete – the will is signed by the decedent, signed by witnesses, identifies a personal representative, and so forth. The truth, however, is that a last will and testament can still be contested even after it has been presented to probate. In this post, we will identify and discuss how challenges to a will are handled here in Maryland.
As with other legal matters, in order to challenge a will, the challenger must have legal standing. Only those who are classified as “interested parties” have legal standing. In this context, interested parties are beneficiaries who have been named in the will, or heirs who would be eligible to receive an inheritance if no will existed (in other words, if the decedent passed away “intestate”).
If an interested party wants to bring a challenge, the challenge must rest on legitimate grounds.
Grounds for Challenges
The specific reasons which may provide grounds for challenges are virtually limitless, but all specific reasons fall into just a few general categories. The first is “testamentary capacity,” or, more precisely, the lack of testamentary capacity. This means that the challenger is alleging that the decedent lacked the ability to fully understand the terms of the will at the time of execution. Given that many people create a will when they are elderly, this ground is cited quite frequently.
The next category is undue influence or coercion. This ground alleges that the execution of the will by the decedent wasn’t sufficiently voluntary because of some form of outside pressure. The next category is fraud; this one is straightforward, as the allegation simply indicates that the will isn’t genuine in some respect. The final category in Maryland is lack of legal requirements. As we’ve been discussing on our blog in other posts recently, a will must fulfill all sorts of technical requirements to be valid.
Technical Aspects of Challenges
The process for challenging a will in Maryland is much like the process for bringing any other type of legal challenge. Maryland imposes a time limit within which the challenge must be brought: after a personal representative has been identified and officially appointed, an interested party has 6 months to bring the challenge. After this 6 month period has elapsed, challenges are prohibited, and so this is a critical deadline for interested parties. When an interested party brings a challenge, the details of the allegation must be contained in a formal petition, and that petition must be filed with the Orphan’s Court. A trial is then conducted to determine the validity of the challenge, and the trial process for a will challenge is also quite similar to any other type of trial. The petitioner has the opportunity to present relevant evidence, and the personal representative or other parties may present counter-evidence to potentially undermine the case made by the petitioner. Furthermore, just like with any other type of trial, an appeal may be filed following the outcome of the trial; either party can file the appeal, either the petitioner or the estate.
Contact the Murphy Law Firm for More Information
If you would like additional information on will challenges, caveat proceedings, or any other estate planning topic, contact one of the estate planning attorneys at the Murphy Law Firm today by calling 240-219-5243.
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