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Drafting a Will in Maryland for the Foreseeable Future

A will may be contested on the grounds of improper execution when the creator of a will, known as the testator, did not have the mental capacity to understand the implications of creating a will. Fraud, duress and undue influence are other grounds for contesting a will in a Maryland.

Fulfilling great expectations

Maryland law requires the will to be signed by the person making the will. It must also be attested to and signed by two witnesses in the presence of the testator. An individual may assert that the testator lacked testamentary intent or capacity, the will was revoked, provisions in a will were a mistake, undue influence existed or fraud was present. To assert these claims, an individual must possess standing to contest a will. The test to assess whether the testator had the capacity to create a will requires that the testator knew the: 

  • Nature and extent of property
  • Nature of disposition
  • Natural objects of bounty
  • Nature of the act 

Possessing the requisite capacity ensures that an individual’s wishes are carried out as the individual wanted when of sound mind. A will must be contested prior to the end of probate when the will provisions become final. A law firm can assist with drafting estate planning instruments and prevent will contests. 

An experienced attorney from the Mudd, Mudd & Fitzgerald, P.A. law firm can evaluate estates and discuss options to protect assets. The firm represents clients throughout southern Maryland.

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