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The year 2026 has brought with it a whole host of new issues, challenges, and problems which need solving. For those Marylanders looking to create a will, or update an existing will, there are a few issues which stand out among others as being particularly pressing.
Based on the state of Maryland law in this area, we’ve put together a list of the top issues facing Marylanders preparing to create or amend a will. Here are four issues which creators should be aware of.
Issue #1: Remove Any Trace of Ambiguity from All Will Sections
When any party with standing contemplates filing a challenge to a will, they will nearly always focus on the level of clarity throughout the document. Challenges to will clarity are among the most common forms of challenges, and so creators need to be exceptionally careful to remove any and all traces of ambiguity. Any sort of ambiguity within a will may be impugned: ambiguity in the instructions for bequests, ambiguity in the identification of beneficiaries, ambiguity in the identification of personal representatives, and so forth. If your will is clear and unambiguous, this is easily one of the best ways to prevent validity challenges.
Issue #2: Be Sure All Documents are “Affixed” or Attached Together
We discussed this issue recently in another post. When you create your will, you generally need more than a single page, although single page wills are not unheard of. In any event, even if you do create a single page will, you almost always put all the required signatures on a separate page. To avoid a potential challenge, you need to correctly paginate all pages (i.e. create an ordering or numbering system), and then be sure that all pages are attached or “affixed” to each, ideally with a staple or staples. The reason is because unattached pages may provide grounds for doubt about whether the signatures truly “match” with the underlying will itself, which may lead to a challenge.
Issue #3: Clearly Identify All Family Members and Beneficiaries
This is essentially an addition or clarification to issue number one, but it is important to point out directly: when you identify family members and beneficiaries, be sure that all persons are identified without any ambiguity. This is one of the most common types of challenges, and so this issue should be stressed accordingly. In many cases, this means including middle names or additional given names in order to clearly and obviously differentiate individuals, and including personal information (addresses, current phone numbers, etc.) as well.
Issue #4: Be Sure Signatures are Witnessed by All Parties
As with issue number two, this is designed to prevent any potential challenges to the authenticity of signatures. In our current era, in which technology is being used increasingly for purposes of forgery, making sure that all signatures are witnessed by as many parties as possible is a great method to prevent a challenge. This will add an extra layer of much needed security in this area.
Readers should know that, in many instances, simply defending a baseless challenge to a will can be a costly and time-consuming matter. This is the reason why those contemplating a will need to foolproof their documents to the greatest possible extent.
Contact the Murphy Law Firm for Additional Information
Readers who want to know more about creating a valid and enforceable last will and testament, the potential issues with a will, challenges to will validity, creating a trust, or any other related estate planning matter, contact one of the estate planning attorneys at the Murphy Law Firm today by calling 240-219-1187.
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