Contesting a will is a formal legal request asking the court to decide if a will is valid. There are many reasons someone might challenge a will. Perhaps you were left out entirely, or you didn't receive as much as you expected. If you are the person managing the estate (the personal representative) and someone is claiming the will is invalid, you may want to know if they have a valid legal case.
A petition to contest a will is done under a “caveat proceeding” through the Orphan’s Court, which handles all probate proceedings.
Topics on this page
- Who May Contest a Will?
- Consequences of Contesting a Will
- Grounds to Contest
- Timing
- Petition to Caveat
Who May Contest a Will?
To be eligible to contest a will, Maryland law requires that you have an interest in the estate, making you an “interested party.” There are two ways to determine this:
- You are named in the will as a beneficiary; OR
- If there had been no will, you would have inherited something under Maryland intestacy laws.
Consequences of Contesting a Will
Some wills contain a “no-contest” clause (or in terrorem clause), which prohibits a person from inheriting anything if they contest the will. Before initiating the caveat proceeding, it is important to know whether the will contains such a clause.
Read the Rule: Md. Rule 6-431
Grounds to Contest
You cannot contest a will just because you are unhappy with what you received. There must be a legitimate legal reason to invalidate it. Maryland courts accept the following as valid grounds:
Failure to Meet Legal Requirements of a Valid Will
A valid will in Maryland must meet the following legal requirements:
- Must be in writing;
- It must be signed by the person making the will (the “testator”) or by someone else in the testator’s presence and with their permission;
- Attested and signed by two or more credible witnesses in the testator’s presence;
- Testator must be 18 or older;
- Testator must be legally competent at the time the will is signed.
Read the Law: Md. Code, Estates and Trusts § 4-101, § 4-102
Note: During the COVID-19 health emergency, certain in-person requirements for witnessing rules were changed. Wills executed pursuant to Executive Order 20.04.10.01, which authorized remote witnessing and electronic signing of certain document, are considered valid.
Undue Influence
This happens when someone pressures or manipulates the testator so strongly that it overrides their free will, forcing them to write a will they wouldn't have written otherwise.
Incompetence
If the testator suffered from a mental impairment (such as Alzheimer's, dementia, or a severe delusion) at the time they signed the will, the will could be invalidated.
Forgery or Fraud
If the will was forged or the testator was tricked into the signing the will, it may be invalidated.
Duress
Unlike "undue influence" (which is manipulation), "duress" involves threats. If someone threatened the testator to force them to sign the will or include specific terms, it is invalid.
Newer Will
If a more recent will is discovered, the older will could be invalidated.
Timing
A petition to “caveat a will” may be filed before the estate is opened, but no later than six months after the estate is opened and the personal representative is appointed.
Read the Law: Md. Code, Estates and Trusts § 5-207
Note: You may be able to ask the court for an extension to file the petition if there are issues related to notice, fraud, material mistake, or substantial irregularities in the proceedings.
Read the Rule: Md. Rule 6-431
Petition to Caveat
To contest a will, file a petition to caveat with the appropriate Register of Wills. Maryland Rule 6-431 sets out what you need to include in the petition. Additional documents may be required. There is no fill-in-the-blank form. You will need to prepare your own document. Reach out to your local law library to request samples or templates. The process to contest a will can be complex, and it’s a good idea to talk to an attorney. Learn more about getting help from a legal professional.