Contested Will Attorney in Maryland and Washington, D.C.
What Does It Mean to Contest a Will?
Contesting a will means challenging its validity in probate court. When someone dies, their will is submitted to probate. Here, probate means the legal process that distributes their estate.
If you believe the will is invalid because of legal, procedural, or ethical flaws, you can file a formal objection.
Will contests usually arise due to:
Lack of Testamentary Capacity
The testator (the person who made the will) should have had a sound mind at the time of execution. If they were suffering from dementia or another mental impairment, the will could be invalid.
Undue Influence
If someone coerced or manipulated the testator into changing their will, a court can declare it void.
Fraud or Forgery
If the will was altered or signed under false pretenses, it cannot be upheld.
Improper Execution
Both Maryland and D.C. require specific formalities for a will to be legally valid. If these were not followed, the will may be set aside.
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How to Contest a Will
The process for contesting a will differs slightly between Maryland and D.C, but it always begins with filing a petition with the probate court.
a) In Maryland
In Maryland, will contests are handled by the Orphans’ Court in the county where the decedent lived. The challenge should be brought during the probate process or within six months of the Register of Wills’ notice to the interested individuals.
b) In Washington, D.C.
Challenges are filed in Superior Court’s Probate Division. A party should act promptly after the will is submitted, and all court deadlines should be adhered to.
Here are the steps to contest a will:
- Hiring an experienced probate attorney to contest a will
- Gathering evidence, such as medical records, witness statements, emails, or other documentation
- Filing a petition to caveat (Maryland) or will contest (D.C.)
- Participating in court proceedings and possible mediation
- Presenting your case at trial if necessary
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Who Can Contest a Will?
You should have standing to contest a will, which means a direct financial interest in the estate’s outcome.
Under Maryland and D.C. law, the following individuals are eligible to file a will contest:
Heirs‑at‑law
If you would have inherited under state intestacy laws (no will), but were excluded or received less under the current will
Beneficiaries of a prior will
If a new will reduced or eliminated your share, you may have grounds to contest.
Fiduciaries or guardians
In certain cases, a legal guardian or representative may contest a will on behalf of someone else.
If you're unsure whether you have standing, we’ll help you evaluate your relationship to the decedent and your potential legal grounds.
FAQs
1. Can a Non-Beneficiary Contest a Will?
Ans. Yes, but only under specific conditions. In both Maryland and D.C., a non-beneficiary can contest a will if they would benefit under intestate succession laws or were named in a prior will. You can’t contest a will just because you disagree with its contents. You have to show a personal, financial interest in the estate.
2. Can an Executor Contest a Will?
Ans. Usually, no; but there are exceptions. An executor’s role is to carry out the terms of the will. However, if the named executor was also a beneficiary under a prior will or would inherit under intestate laws, they may have standing to contest in their personal capacity, not as executor.
3. How Long Do I Have to Contest a Will?
Ans. Timing is critical.
In Maryland, you generally have six months from the date of the Register of Wills’ notice to interested persons to file a caveat (formal objection).
On the other hand, in D.C., you must act promptly after probate begins, though deadlines can vary based on how and when you received notice.
No matter what, don’t delay since missing the deadline could permanently bar your claim.
4. What Is the Success Rate of Contesting a Will?
Ans. Success with contested wills depends on evidence, timing, and legal representation.
Will contests are challenging and courts tend to favor upholding valid wills. However, with strong proof of undue influence, fraud, or lack of capacity, Maryland and D.C. courts have invalidated wills in favor of earlier versions or intestate succession.
Our will contest lawyers at Colbert Law Firm have a track record of identifying the right facts, crafting persuasive arguments, and pursuing justice with discretion and tenacity.
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