Legal Question in Wills and Trusts in Maryland
What is required for drafting and then executing a personal will?
1 Answer from Attorneys
If you have substantial assets or have important assets, you may want to consult a lawyer.
To draft a will, you must be 14 years of age or older may make a will, unless laboring under some legal disability arising either from a want of capacity or a want of perfect liberty of action. The person must have decided and rational desire as to the disposition of property.
In general a will must be in writing and shall be signed by the testator or by some other individual in the testator's presence and at the testator's express direction. A testator may sign by mark or by any name that is intended to authenticate the instrument as the testator's will.
The will must be attested and subscribed in the presence of the testator by two or more competent witnesses. A witness to a will may attest by mark. Another individual may not subscribe the name of a witness, even in that witness's presence and at that witness's direction.