Can I Write My Own Will In Maryland? A Comprehensive Guide

Thinking about your will can be a daunting task, but it’s a crucial step in planning for the future. If you live in Maryland, you might be wondering, “Can I write my own will in Maryland?” The short answer is yes! Maryland law allows you to create your own will, often referred to as a “holographic will” if handwritten. However, navigating the process requires careful attention to detail. This guide provides a comprehensive look at everything you need to know about writing your own will in Maryland, ensuring your wishes are legally sound.

Understanding the Basics: Maryland Will Requirements

Before you start drafting your will, it’s essential to understand the legal requirements that Maryland imposes. Failing to meet these requirements could render your will invalid, meaning your assets would be distributed according to Maryland’s intestacy laws (which dictate how property is divided when someone dies without a valid will). This isn’t what anyone wants!

The Two Main Types of Maryland Wills

Maryland recognizes two primary types of wills:

  • Attested Wills: These are the most common type and require a specific format and the presence of witnesses.
  • Holographic Wills: These are entirely handwritten by the testator (the person writing the will).

Requirements for a Valid Attested Will in Maryland

An attested will is the most straightforward way to create a valid will in Maryland. Here’s what’s required:

  • Written Form: The will must be in writing. This means it can’t be an oral will or a video recording.
  • Testator’s Signature: The person making the will must sign it, or someone else must sign it on their behalf, in their presence, and under their direction.
  • Witnesses: The will must be signed by two or more credible witnesses. These witnesses must be present when the testator signs the will, or acknowledges their signature on the will.
  • Witness Presence: The witnesses must sign the will in the testator’s presence.

Witness Requirements Explained

Witnesses play a vital role in validating your will. They need to be:

  • Competent: They must be of sound mind and understanding.
  • Not Beneficiaries: It’s generally recommended that your witnesses aren’t beneficiaries of your will. If a beneficiary witnesses the will, it doesn’t automatically invalidate the will, but it can create complications.

The Simplicity of Holographic Wills

As mentioned, a holographic will offers a simpler alternative. It’s entirely handwritten, and, crucially, doesn’t require witnesses. This makes them a good option for those who want a quick and easy way to get their wishes down on paper.

Key Requirements for a Holographic Will

  • Entirely Handwritten: The entire will, including the date and signature, must be written in the testator’s handwriting.
  • Signed by the Testator: The testator must sign and date the will.
  • Testamentary Intent: The document must clearly state the testator’s intention to distribute their property after death.

What to Include in Your Maryland Will

Regardless of the type of will you choose, there are several critical elements you’ll need to include:

Identifying Information

  • Your Full Name: Clearly state your full legal name.
  • Address: Include your current address.
  • Statement of Intent: Begin with a statement that this document is your last will and testament.

Designating Beneficiaries

  • Name and Address: Provide the full legal names and addresses of all beneficiaries you wish to inherit your property.
  • Description of Property: Clearly describe the specific property or assets each beneficiary will receive. This could include real estate, bank accounts, investments, personal property, etc.
  • Percentage or Specific Amounts: Indicate whether you want to leave a percentage of your estate or specific amounts to each beneficiary.

Appointing an Executor

  • Name and Address of Executor: Choose an executor, the person responsible for managing your estate after your death. Include their full name and address.
  • Alternate Executor: Name an alternate executor in case your primary choice is unable or unwilling to serve.

Other Important Considerations

  • Guardianship for Minor Children: If you have minor children, you must designate a guardian to care for them.
  • Specific Bequests: Clearly list any specific items (jewelry, artwork, etc.) you wish to leave to particular individuals.
  • Residuary Clause: This clause directs how the remaining assets of your estate will be distributed after all specific bequests and debts have been paid.

Drafting Your Maryland Will: Step-by-Step Guide

Creating a will can feel overwhelming, but breaking it down into steps can make the process more manageable.

Step 1: Gather Your Information

Compile a list of your assets, including their estimated values. List your beneficiaries, their contact information, and the specific items or percentages you wish to leave them.

Step 2: Choose Your Will Type

Decide whether you want to use an attested will or a holographic will. Consider the advantages and disadvantages of each.

Step 3: Write the Will

If you choose an attested will, follow the requirements outlined above. Use clear and concise language. Ensure you have two witnesses present when you sign the will.

If you choose a holographic will, write the entire document in your own handwriting, including the date and your signature.

Step 4: Sign and Date the Will

Sign and date the will in the presence of your witnesses (for an attested will). For a holographic will, you must sign and date it yourself.

Step 5: Store Your Will Safely

Keep your will in a secure, easily accessible location. Inform your executor where the will is located.

Potential Pitfalls to Avoid

While writing your own will in Maryland is possible, there are potential pitfalls to be aware of:

  • Ambiguity: Vague language can lead to disputes among beneficiaries.
  • Lack of Legal Expertise: Without legal training, you might overlook important details.
  • Incorrect Witness Procedures: Failure to follow the correct witnessing procedures can invalidate your will.
  • Missing Information: Failing to include essential information, such as the full names of beneficiaries or a clear description of property, can cause problems.
  • Changes and Amendments: Making changes to a will can be tricky. Any alterations should be done carefully and correctly, often requiring a codicil (an amendment to the will) or a completely new will.

While you can write your own will, there are situations where seeking legal advice from an experienced Maryland estate planning attorney is highly recommended:

  • Complex Estates: If you have a substantial estate, significant assets, or complex family situations, a lawyer can help you navigate the complexities and minimize potential tax implications.
  • Blended Families: Estate planning can get complicated when second marriages or stepchildren are involved.
  • Business Ownership: If you own a business, you’ll need to include specific provisions for its succession.
  • Special Needs Beneficiaries: If you have a beneficiary with special needs, a lawyer can help you set up a special needs trust to protect their eligibility for government benefits.
  • Uncertainty or Doubt: If you’re unsure about any aspect of the process, it’s always best to consult with an attorney.

Frequently Asked Questions About Maryland Wills

Here are some frequently asked questions to clarify some common concerns.

If I get married after writing my will, is it still valid?

Generally, in Maryland, a will is revoked by a subsequent marriage unless the will specifically states that it was made in contemplation of the marriage. It’s crucial to update your will after any significant life changes, such as marriage, divorce, or the birth of a child.

Can I disinherit a family member in my Maryland will?

Yes, you can generally disinherit a family member in your will. However, there are certain limitations. A surviving spouse, for example, has the right to claim a certain portion of the estate, regardless of the will’s provisions. Also, it’s important to clearly state your intentions.

Is a handwritten will always a holographic will?

Yes, a handwritten will is considered a holographic will in Maryland, as long as it meets the requirements stated above.

What happens if I don’t sign my will?

If you don’t sign your will properly, it will not be valid. This means your assets will be distributed according to Maryland’s intestacy laws.

Can I change my will after it’s written?

Yes, you can change your will at any time, as long as you are of sound mind. You can do this by writing a new will or, more commonly, by creating a codicil (an amendment to your existing will).

Conclusion

Writing your own will in Maryland is a viable option, especially with the flexibility of holographic wills. Understanding the legal requirements, carefully documenting your wishes, and addressing potential pitfalls are crucial steps in ensuring your will is valid and your assets are distributed according to your intentions. While it’s possible to navigate the process on your own, consulting with a qualified Maryland estate planning attorney is always a good idea, particularly if you have a complex estate or specific circumstances. By taking the time to plan, you can gain peace of mind knowing that your legacy will be protected and your loved ones will be cared for.