Are holographic (handwritten), electronic, oral, and video wills valid in Maryland?

Are holographic (handwritten), electronic, oral, and video wills valid in Maryland?

Introduction

When it comes to estate planning, the validity of a will is of utmost importance. In Maryland, individuals have various options when it comes to creating a will, including holographic (handwritten), electronic, oral, and video wills. Understanding the legal standing of each form is crucial for ensuring that your final wishes are carried out as intended. Let’s delve into the specifics of each type of will and the requirements for validity in the state of Maryland.

Holographic (Handwritten) Wills

A holographic will is a will that is entirely handwritten and signed by the testator (the person making the will). In Maryland, holographic wills are recognized as valid, even if they are not witnessed. However, it is essential that the entire document is in the testator’s handwriting and shows clear intent to distribute their assets upon their death. While witnesses are not required for holographic wills in Maryland, it is advisable to have them to avoid potential challenges to the will’s validity.

Electronic Wills

Electronic wills, also known as e-wills, are wills that are created and stored electronically. Maryland has recently passed legislation to recognize electronic wills as valid, provided they meet specific requirements. To be considered valid, an electronic will in Maryland must be signed electronically by the testator and witnesses, and it must be stored in a tamper-evident format to prevent alterations. It is crucial to ensure that the electronic will complies with all legal standards to avoid any disputes during the probate process.

Oral Wills

Oral wills, also referred to as nuncupative wills, are wills that are spoken aloud by the testator in the presence of witnesses. In Maryland, oral wills are not recognized as valid unless they are made by a member of the armed forces while in active duty or by a mariner at sea. These oral wills must meet specific criteria to be considered legally binding, and they are subject to strict limitations on the assets they can dispose of. It is advisable to consult with an attorney to determine the validity of an oral will in Maryland.

Video Wills

Video wills are wills that are recorded by the testator, expressing their final wishes regarding the distribution of their assets. While video wills are not specifically addressed in Maryland law, they can serve as supplementary evidence to support the validity of a traditional written will. It is essential to ensure that the video will clearly shows the testator’s intent and that it is stored securely alongside the written will to prevent any disputes among beneficiaries.

Final Thoughts on Will Validity in Maryland

Ensuring the validity of your will is crucial for guaranteeing that your assets are distributed according to your wishes after your passing. Whether you choose to create a holographic, electronic, oral, or video will, it is essential to understand the legal requirements and implications of each form in the state of Maryland. Consulting with an experienced estate planning attorney can provide you with the guidance needed to create a valid and enforceable will that reflects your intentions.

Buried in Work’s Additional Resources

Buried in Work provides Maryland state-specific service provider directories and information related to estate preparation, end-of-life tasks, and estate transition information. Click here to learn more.