Essential Elements of Contested Will Cases
July 26, 2025
At Marvel & Emche, P.A., we often assist families dealing with contested will cases in Salisbury, Maryland. These disputes can arise unexpectedly during estate planning or after a loved one passes, leading to tension and legal challenges.
Our goal is to help you comprehend the key elements involved in contested wills so you can protect your rights and the intentions of the deceased. When a will is contested, the legal process can become lengthy and emotional; but, knowing what to expect helps you make informed decisions and pursue the best outcome.
What Is A Contested Will?
A contested will is essentially a legal challenge to the validity of a will presented for probate. When someone believes the will does not reflect the true wishes of the deceased or was created under improper circumstances, they may file a contest.
This contest brings up questions about the will’s authenticity, the capacity of the testator (the person who made the will), or other grounds recognized under Maryland law.
This challenge often arises because beneficiaries or potential heirs disagree with the distribution outlined in the will. Sometimes, family members may feel left out or unfairly treated, and they choose to contest the document to seek a different outcome. Understanding these disputes is critical in estate planning, as it helps avoid future conflicts.
Common Grounds For Contesting A Will
Before we discuss how contested will cases proceed, it’s important to recognize the main reasons a will may be challenged. These grounds focus on legal principles that question whether the will should be admitted to probate.
Below are the most frequently cited grounds for will contests in Maryland:
Lack of testamentary capacity: The testator must have understood the nature of their property, the natural beneficiaries, and the effect of the will. If mental incapacity is proven, the will may be invalid.
Undue influence: If someone pressured or coerced the testator into signing the will, overriding their free will, this is grounds to contest.
Fraud or forgery: A will created by deception or signed fraudulently is not legally valid.
Improper execution: Maryland law requires wills to be signed and witnessed correctly. Failure to meet these formalities can lead to a contest.
Revocation: If evidence shows the testator revoked the will before death, the contested will may be set aside.
These grounds help the court determine whether the will represents the testator’s true intentions.
Who Can Contest A Will?
Not everyone can challenge a will in Maryland. Generally, only parties with a legal interest in the estate may file a contest. These typically include heirs, beneficiaries, or sometimes creditors.
Knowing who can contest a will is important because it defines who has standing in these disputes.
Disinherited heirs: Family members who believe they should have received part of the estate but were omitted from the will.
Beneficiaries under a prior will: People named in a previous will who may argue that a newer will is invalid.
Spouses: Maryland’s elective share law allows a surviving spouse to claim a portion of the estate, regardless of the will’s terms, which can prompt contests.
Creditors: Although less common, creditors might contest a will if debts are unpaid or the estate appears insufficient.
Understanding who can challenge a will helps clients protect their interests and respond appropriately during estate planning.
Steps In The Contested Will Process
Once a will contest is filed, several stages follow before the dispute reaches a resolution. Knowing these steps provides clarity and helps manage expectations throughout the process.
Here are the typical stages involved in contested will cases:
Filing the petition: The contesting party submits a formal challenge to the probate court, outlining their reasons.
Response and discovery: The will’s proponents respond to the contest. Both sides gather evidence, documents, and witness statements to support their claims.
Mediation or settlement discussions: Courts often encourage parties to reach an agreement outside of trial to reduce costs and stress.
Trial: If no settlement occurs, the court hears testimony and reviews evidence to decide the will’s validity.
Court decision: The judge issues a ruling, which can affirm or reject the will, or sometimes partially uphold certain provisions.
Being aware of these steps allows clients to prepare properly and engage in the process with confidence.
Key Evidence Used In Contested Will Cases
Evidence is the backbone of any contested will case. It shapes the court’s view of the testator’s intentions, mental capacity, and the circumstances surrounding the will’s creation. Gathering and presenting strong evidence is vital in estate planning to minimize the risk of successful contests.
Below are common types of evidence courts examine:
The will document itself: Courts scrutinize signatures, dates, and compliance with execution requirements.
Testator’s mental health records: Medical or psychiatric evaluations can show whether the testator had the capacity to make decisions.
Witness testimony: People present at the signing can attest to the testator’s condition and whether undue influence was present.
Communication records: Letters, emails, or other messages that reflect the testator’s intentions.
Financial records: Evidence of transactions or changes in property that align with or contradict the will.
A careful review of these materials helps build a clear picture for the court and supports fair estate planning outcomes.
How Undue Influence Is Evaluated In Maryland
Undue influence is a common issue in contested wills and requires close examination. Maryland courts look for specific signs that someone improperly controlled or manipulated the testator during the will’s creation.
The following factors often indicate undue influence:
Confidential relationship: When one person had a close relationship with the testator that allowed control over decisions.
Active procurement: Evidence that the influencer actively encouraged or arranged for the will’s execution.
Suspicious circumstances: Sudden changes to the will that favor a particular individual, especially if inconsistent with prior documents.
Testator’s vulnerability: Age, illness, or isolation that made the testator susceptible to influence.
Identifying these signs is crucial in estate planning to protect clients from unfair manipulation.
Testamentary Capacity Requirements
The testator must have the mental ability to understand the nature of their assets and the consequences of signing a will. This element is often challenged in contested will cases, especially when the testator was elderly or ill.
Maryland law expects the testator to:
Know the extent of their property: They should understand what assets they own.
Recognize natural heirs: Awareness of family members or others who would typically inherit.
Comprehend the disposition of property: Understanding how the will divides assets.
Be free of mental impairment: The testator should not be suffering from delusions or dementia that affect decisions.
Medical evidence and witness testimony frequently play roles in establishing or contesting capacity.
Statute of Limitations And Timing
Maryland has strict deadlines for filing will contests. Generally, challenges must be made within six months of probate or the will being admitted to the court. Missing this deadline often results in losing the right to contest.
Timing is critical, and parties should be aware of:
Probate notice dates: Notifications provided to interested parties trigger contest deadlines.
Filing deadlines: Six months from probate is the usual time limit.
Exceptions and extensions: Limited circumstances may extend deadlines but require legal justification.
Timely action is a key component of effective estate planning and defending contested wills.
Contact Us Today
When wills are contested, it’s crucial to have a knowledgeable advocate on your side. At Marvel & Emche, P.A., we’re dedicated to helping clients in Salisbury, Maryland and nearby communities handle estate planning disputes with confidence.
We serve clients throughout the Salisbury area, including Northwood, White Plains, West Wood, Princess Anne, Cambridge, and Ocean City. Reach out today to discuss your situation.