Tips to Ensure the Enforceability of a Will in Maryland

Published on
October 21, 2024
Written by
Angel Murphy, Esq
Category
Estate Planning

Many Marylanders elect to develop a will, or “last will and testament,” in order to ensure that their assets are distributed to their desired beneficiaries. If a decedent passes away without a will, this is referred to as passing away “intestate,” which basically means that the state must step in and perform the functions of a will. Many people don’t want to use the state’s intestacy rules, and so a will is the preferred option for a great many Marylanders. But, the goal isn’t just to draw up a will, it’s to ensure that whatever is drawn up will be enforceable when the time arrives. In this post, we will give a few tips to ensure maximal enforceability of a will here in Maryland.

Fulfill All Technical Requirements

This may seem overly intuitive, but wills often fail to pass inspection because they don’t fulfill all the technical requirements for enforceability. Wills are just like most legal instruments, such as contracts, in the sense that they must fulfill certain technical requirements in order to be valid and enforceable. Sometimes, for various reasons, those who begin the process of developing a will overlook one or more requirements, and the end result is an unenforceable instrument. The fulfillment of all technical requirements is just one of the benefits of consulting with an attorney for this process. Wills have to be properly notarized, they must be properly witnessed, properly signed, and so forth.

Identify Beneficiaries with Sufficient Clarity

This may seem hard to believe, but many wills are challenged on the ground that they fail to adequately identify a certain beneficiary. When a will is being authenticated, people have the opportunity to come forward and question certain aspects of the will. People can literally challenge the entire authenticity or validity of the will, or they can challenge specific parts of it, such as the identity of a beneficiary. When you include beneficiaries, always use their full name and also their relationship to the creator. Include all given names, surnames and married names, and other information which might be useful in ensuring sufficient clarification.

Identify Assets with Sufficient Clarity

Creators also need to be sure to identify assets with sufficient clarity. Be as specific as possible, particularly when dealing with personal property. If you have a vehicle you want to pass down, use a very specific description: “my 1963 Ferrari GT California, red, with XX,XXX miles” is better than “my red car.” For real property, include a legal description, parcel number and a full address.

Account for Probable Contingencies

One of the biggest issues which arise with wills is that these documents often fail to account for certain contingencies. When this happens, the expressed desires of the will simply cannot be carried out, even if the creator took the time to fulfill all requirements and gave sufficient clarity. So, for example, a will might identify a certain beneficiary, but when the decedent passes away that beneficiary is unavailable for one reason or another. Sometimes, a beneficiary has become unable to contact, or the beneficiary passes away and the will isn’t updated before the decedent also passes away. A fully enforceable will needs to be written so as to account for these types of contingencies, otherwise there is a risk of things falling under the state’s default rules.

Contact the Murphy Law Firm for More Information

If you would like more information about enforceable wills in Maryland, estate planning in general, the probate process, or another related topic, contact one of the family law attorneys at the Murphy Law Firm today by calling 420-419-5243.

Angel Murphy

Personable. Passionate. Persistent.

Maryland will | estate planning | intestacy laws | enforceable will | beneficiary identification | asset clarity | legal requirements | probate process | contingencies | family law

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