How do I challenge the validity of a will?
In Maryland, if you want to challenge the validity of a will, you must file a complaint in the courts. This process is referred to as a ‘will contest’ and must be supported by evidence that the will was not created legally. The evidence must show that the will was not created in accordance with any of the following reasons: 1. The will was not executed with the formalities required by Maryland law. This could include issues with the signature, witnesses, or the way in which the will was delivered. 2. The will does not accurately reflect the wishes of the testator (the person who created the will). This could be because of fraud or forgery, influence by another person, or if the testator did not have the capacity to make decisions. 3. The will is not the most up-to-date version – meaning there is an earlier version that should be followed. Once you have gathered evidence to support your claim, you must file the complaint in the appropriate court. This is usually the court in the county in which the testator resided. The court will then consider all evidence and determine whether or not to invalidate the will. The court may also appoint an administrator to manage the estate until a new will is created or the heirs and beneficiaries are determined.
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