What Happens If a Will Is Found Invalid? Legal Implications and Next Steps
The death of a loved one is often followed by the process of administering their estate, typically guided by the terms of a will. However, situations sometimes arise where the validity of a will is called into question.
When this happens, Maryland law provides a clear structure for determining whether the will should be enforced, partially disregarded, or declared entirely void. The implications can be far-reaching, altering how property is distributed, who inherits what, and even who is responsible for handling the estate.
Understanding the legal implications of an invalid will is crucial for those handling estates. At Sanders & Sanders, Attorneys at Law in Upper Marlboro, Maryland, we're here to work through all aspects of estate planning with you. Here, we’ll discuss what happens when finding an invalid will in Maryland, including the legal reasons a will might be deemed unenforceable.
Common Reasons Wills Are Found Invalid in Maryland
For a will to be recognized as valid in Maryland, it must comply with specific legal formalities. A failure to meet any of these requirements may result in a court rejecting the will in whole or in part.
The most common reason for an invalid will is improper execution. Maryland law requires that a will be in writing, signed by the testator, and witnessed by at least two credible individuals who observe the testator’s signature. If any of these steps are skipped or completed improperly, the entire document may be legally void.
Lack of testamentary capacity is another frequent basis for challenging a will. A testator must understand that they’re making a will, know the nature and extent of their assets, and recognize the individuals who would typically be considered their heirs.
A will may be deemed invalid if it was executed during a period when the testator suffered from mental incapacity due to dementia, delusions, severe illness, or the influence of medication. Courts in Maryland assess capacity on a case-by-case basis, often relying on medical records and witness testimony to make their determination.
Undue influence represents another critical ground for an invalid will. This arises when someone exerts excessive pressure on a vulnerable testator to alter their will in a way that benefits the influencer, especially if the testator’s new instructions conflict with previous, long-held estate plans.
Fraud and forgery are additional but less common grounds for invalidating a will. If it can be proven that a signature was forged or the testator was misled into signing a document they didn’t understand to be a will, courts are likely to declare the instrument invalid.
The Legal Process of Contesting a Will
Contesting a will begins with the filing of a caveat proceeding in the Orphans’ Court in the jurisdiction where the estate is being probated. The caveat is a formal legal objection to the will’s validity. Once filed, the will can’t be admitted to probate—or if already admitted, further distributions may be suspended—until the court resolves the challenge.
During the legal process, with the help of an experienced estate lawyer, both sides may engage in discovery and gather evidence. The party contesting the will bears the burden of proof, which in many cases must meet the standard of "clear and convincing evidence."
This means that it’s not enough to merely raise doubts about the will’s validity; strong and persuasive evidence is required. Evidence often includes medical records, the testimony of treating physicians or caretakers, the opinions of professional witnesses on testamentary capacity, and any relevant communications between the testator and others.
In cases involving allegations of undue influence, the court may examine the relationship between the testator and alleged influencer, including any financial dependence, isolation, or suspicious timing of the will's execution.
If the case proceeds to a full hearing, the Orphans’ Court will evaluate the evidence and issue a ruling. The court has several options: it may uphold the will in full, strike down specific provisions, or declare the entire will invalid.
Time Limits for Challenging a Will
Challenging a will is highly time sensitive. Under Maryland law, a challenge—formally known as a caveat—must generally be filed within six months of the appointment of the estate’s personal representative. This is a firm deadline. If the challenge isn’t filed within this period, the opportunity to contest the will is typically lost.
However, if a newer will is discovered after probate has begun, Maryland law allows a three-month window from the date the new will is admitted to probate for any interested party to file a challenge against it. These statutory deadlines are strictly enforced, and late claims are seldom accepted unless there is a showing of fraud or irregularity. Our Maryland estate lawyers can help you take timely legal action.
Consequences of an Invalid Will
When a will is found invalid, the consequences can be significant. These include:
Intestate succession: If no other valid will exists, the estate is distributed according to Maryland’s laws of intestate succession, which prioritize spouses, children, parents, and other close relatives. This can drastically differ from the testator's original intentions.
Prior valid will: If an older will is located and deemed valid, it will govern the estate. This often occurs when a later will is found to be the product of undue influence or lacks proper execution.
Partial invalidation: Only certain provisions of a will may be struck down (e.g., a bequest due to undue influence), while the rest of the will remains intact, preserving the testator’s overall estate plan.
Shift in personal representative's duties: The personal representative must stop administering the estate under the invalid will and proceed under intestate laws or an earlier valid will. A new administrator may be appointed if the original no longer qualifies.
The invalidation of a will leads to significant legal ramifications, altering the distribution of an estate. Depending on the circumstances, assets may be distributed via intestate succession, according to a prior valid will, or through a partially invalidated will where only specific provisions are struck down.
Settlements, Mediation, and Appeals
Many will contests are resolved through settlement before trial. This may involve negotiating an agreement between family members and other interested parties to divide the estate in a mutually acceptable way. Settlements can save time, money, and emotional energy, and they’re often facilitated by professional mediators with experience in probate disputes.
If the Orphans’ Court issues a ruling and a party believes it was incorrect, an appeal may be filed in the Maryland Circuit Court. Appellate courts review the lower court’s findings based on the record, so success on appeal often depends on the strength of the original evidence and legal arguments presented.
Maryland courts also encourage mediation as a less adversarial approach to resolving disputes. Especially in emotionally charged situations involving family members, mediation can offer a structured environment for dialogue and compromise without the high cost and strain of litigation.
When there is an invalid will in Maryland, the legal consequences can reshape the entire administration of an estate. The testator’s intentions may be disregarded, distribution may follow default laws of intestacy, and families may find themselves embroiled in expensive and emotionally draining litigation.
The importance of a valid, well-drafted will can’t be overstated. Whether you’re drafting a will, administering an estate, or facing the prospect of a will contest, legal guidance is essential.
Contact Us Today
If you believe you have an invalid will or if you’re facing a challenge as an executor or beneficiary, consult with a Maryland probate attorney without delay.
At Sanders & Sanders, Attorneys at Law, we work with clients throughout Clinton, Bowie, Fort Washington, Largo, and the Washington, D.C. area. Contact us today.