Legal Question in Wills and Trusts in Maryland
Multiple wills
Which will takes precedence over another - a will that is registered, or a will that has a more recent date? I believe the more recent will in our case is fraudulent, as it suddenly appeared after my blind Grandmother's death, naming an Aunt as the sole beneficiary. Can it be contested?
2 Answers from Attorneys
Re: Multiple wills
The answer depends on development of the facts and circumstances surrounding the execution of each of the wills. A will contest (called a caveat proceeding) in Maryland is available and it depends again on the facts and circumstances that are developed. An experienced estate planning attorney should be able to handle this under MD law. Please note that my legal services are available only with a signed engagement agreement. If I can be of any help to you or people you know, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 8-27-2001, 10:15 p.m. EDT; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.
Re: Multiple wills
There is no clear answer to your question. Wills need not
be registered to be given effect. Fraud is difficult to prove as
there must be a showing that the will in question is contrary to the
decedent's intentions, that the will in question was adopted without
the decendent having knowledge of its character, and other elements. Evidential
issues abound. Maryland's Deadman Statute (as to evidence) and caveat proceedings are
part of the applicable process aspects of the case. An attorney would be
helpful as much of the issue lies in specific wording within each will.
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