How to Contest a Will: Legal Grounds and the Litigation Process
Wills are meant to honor the final wishes of a loved one. However, there are times when those wishes may not have been expressed freely or clearly, particularly if the will was made under pressure, contains unusual terms, or was improperly signed.
In Maryland, challenging a will requires you to meet specific legal standards. These cases are often emotionally charged and involve significant stakes for families, heirs, and beneficiaries.
Working with an estate attorney can help you take a structured, evidence-based approach to the process. At Sanders & Sanders, Attorneys at Law in Upper Marlboro, Maryland, we handle probate disputes every day and understand how Maryland law applies when someone believes a will doesn’t reflect a loved one’s true intentions.
Here, we'll cover the legal reasons for contesting a will, what to expect during the litigation process, and how an estate litigation attorney helps protect our interests when problems arise.
The Legal Basis for Will Contests in Maryland
Not just anyone can challenge a will. Under Maryland law, legal standing is required. This usually means being either named in the will or entitled to inherit under state intestacy laws if the will is invalidated.
Several legal reasons may render a will invalid:
Lack of testamentary capacity: To create a valid will, a person must understand the nature and extent of their assets, who their beneficiaries are, and the legal effect of the document. If a will was made while the testator suffered from cognitive impairment or memory loss, there may be grounds to contest it. Estate litigation attorneys often gather medical records, witness testimony, and other documentation to support these claims.
Undue influence: A will may be invalid if the testator was pressured or manipulated into decisions they would not have made independently. Such cases are common when the testator was isolated, elderly, or dependent on others. Skilled estate litigation attorneys assess relationships, timing, and behavioral patterns that suggest improper influence.
Fraud: If the testator signed the will based on false information or was deceived into signing it, fraud may be involved. These serious allegations require solid evidence. Estate planning lawyers experienced in probate litigation can help build a strong case by tracing communications, drafts, and testimony from key witnesses.
Forgery: Forgery occurs when someone alters or creates a will without the testator’s approval. Handwriting analysis, signature comparisons, and witness statements are essential to proving such cases. Estate litigation attorneys coordinate with professionals to present this evidence effectively in probate court.
Improper execution: Maryland law requires wills to be in writing, signed by the testator, and witnessed by at least two individuals. Failure to follow these formalities may render the will unenforceable. An estate litigation attorney can review the document and circumstances to determine if the will was legally executed.
Together, these common grounds for contesting a will emphasize the critical role of estate litigation attorneys in making sure a testator’s true intentions are honored and that any irregularities are thoroughly investigated.
Filing a Caveat With the Maryland Orphans' Court
To formally contest a will in Maryland, a caveat must be filed with the Orphans’ Court in the county where the estate is being administered. Timing is important. If notice of the personal representative’s appointment has been received, there is generally a three-month window to act. Without notice, the window extends to six months.
A caveat petition includes:
The petitioner’s relationship to the deceased
The specific legal grounds for the challenge
Supporting evidence, such as medical or financial records
A request for a hearing
Estate planning lawyers with litigation experience can prepare the caveat and manage all filings. Their experience in probate court procedures helps keep the case on track and avoids unnecessary delays.
How the Litigation Process Unfolds
After the caveat is filed, the matter enters the estate litigation phase. These cases can last several months or longer, depending on the facts and level of opposition.
Discovery: Both sides collect and exchange relevant information. This may include requests for documents, depositions of witnesses, and subpoenas for medical records. Estate litigation attorneys understand what to look for and how to organize evidence to support the claim.
Settlement discussions or mediation: In some cases, settlement may be the most practical solution. Mediation is often used to avoid prolonged court battles, especially when family relationships are already strained. A seasoned estate litigation attorney can represent the party during negotiations and help secure a fair agreement while protecting their rights.
Trial: If a settlement isn't possible, the case proceeds to trial. This phase involves presenting testimony, documents, and expert witnesses. Estate planning lawyers experienced in courtroom procedures can cross-examine witnesses, challenge improper evidence, and deliver clear arguments supporting their client’s version of events.
Post-trial options: If the court rules against a party, an appeal may be pursued. Appeals in Maryland probate cases focus on legal errors or misinterpretations, rather than retrying the case. Estate litigation attorneys advise on whether an appeal is appropriate and guide clients through the process.
Managing each stage of estate litigation requires skilled legal guidance to effectively gather evidence, negotiate settlements, advocate in court, and pursue appeals when necessary, helping to assure the best possible outcome.
Gathering the Right Evidence
The success of a will contest often comes down to evidence. Without solid proof, even the most concerning circumstances may not lead to a favorable outcome. That’s why estate litigation attorneys invest so much time gathering documents and preparing witnesses.
Strong evidence may include:
Medical evaluations around the time the will was signed
Statements from caregivers, family, or advisors
Proof of sudden changes to the will
Suspicious financial transactions near the time of signing
Expert opinions on signature authenticity or mental capacity
By compiling a full picture of what happened, we can better support our position that the will should not be enforced.
Red Flags That May Justify Legal Action
A will may not appear problematic immediately. Often, suspicions arise after the estate enters probate. Some warning signs include:
Close family members are excluded without explanation
A non-relative or caregiver inherits most or all of the estate
The will was prepared in secret, without the involvement of the usual lawyer or advisors
The document was signed just days before death
The signature or language seems inconsistent with the person’s typical habits
If one or more of these issues are present, it's advisable to consult an estate litigation attorney. The attorney will review the full situation and provide guidance on whether a court challenge is appropriate.
Possible Outcomes in Will Contests
If the court finds the will invalid, several outcomes are possible. The court might:
Reinstate a prior will (if one exists and is valid)
Apply Maryland’s intestacy laws to distribute the estate
Appoint a new personal representative if the original was compromised
The specific result depends on the facts of the case and how the court interprets the evidence. Estate litigation attorneys assist in managing expectations and preparing for the various possible outcomes.
Contesting a will in Maryland involves more than simply disagreeing with its contents; it centers on whether the will reflects the true, voluntary intent of the person who signed it. When questions arise regarding capacity, undue influence, or fraud, an estate litigation attorney serves as a critical partner in protecting the rightful interests involved.
Contact an Estate Planning Attorney Today
If you're looking to contest a will, don't hesitate to reach out to Sanders & Sanders, Attorneys at Law. We serve clients in Upper Marlboro, Clinton, Bowie, Fort Washington, Largo, and Washington, D.C. Contact us today to schedule a consultation.