Maryland's Requirements for a Will
Maryland's Requirements for a Will
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Maryland's Requirements for a Will

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Summary of Maryland's Will Requirements:

Minimum Age to Make a Will 18
Written Document Required Yes
Nuncupative Wills (Oral) No
Holographic Wills (Hand-Written, Unwitnessed) Yes1
Number of Witnesses Required 2
Self-Proving Affidavit No
Statutory Form for Self-Proving Affidavit No

 

 

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Statutes Governing Maryland's Will Requirements:

 

Who may make a will

Any person may make a will if he is 18 years of age or older, and legally competent to make a will.

Maryland Statutes, §4-101

 

Writing; signature; attestation

Except as provided in §§ 4-103 and 4-104, every will shall be (1) in writing, (2) signed by the testator, or by some other person for him, in his presence and by his express direction, and (3) attested and signed by two or more credible witnesses in the presence of the testator.

Maryland Statutes, §4-102

 

Holographic will1

(a)  Signed by person in armed services.- A will entirely in the handwriting of a testator who is serving in the armed services of the United States is a valid holographic will if signed by the testator outside of a state of the United States, the District of Columbia, or a territory of the United States even if there are no attesting witnesses. 

(b)  Void one year after discharge.- A holographic will is void one year after the discharge of the testator from the armed services unless the testator has died prior to expiration of the year or does not then possess testamentary capacity. 

Maryland Statutes, §4-103

 

Will made outside Maryland

A will executed outside this state is properly executed if it is: 

(1) In writing; 

(2) Signed by the testator; and

4-102 , or the law of the domicile of the testator, or the place where the will is executed.

Maryland Statutes, §4-104

 

Proof of execution of will

The register shall assume due execution of the will:

(1) If the will appears to have been duly executed and contains a recital by attesting witnesses of facts constituting due execution; or

(2) If it does not so appear, or if the will does not contain that recital, then upon the verified statement of a person with personal knowledge of the circumstances of execution whether or not the person was in fact an attesting witness.

Maryland Statutes, §5-303

 

[Reference - Maryland Requirements for a Will]

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