MD Bar Wills Trusts and Estates 2 — Questions and Answers
Question 1: Under Maryland law, how many attesting witnesses are required for a valid will?
- Two credible witnesses who sign in the testator's presence (Correct answer)
- One witness plus a notary
- Three witnesses of any kind
- No witnesses if the will is entirely handwritten
Correct answer: Two credible witnesses who sign in the testator's presence
Maryland requires the will to be signed by the testator and attested by two credible witnesses who sign in the testator's presence.
Question 2: In Maryland, a holographic (unwitnessed handwritten) will is valid only if made by whom?
- A person serving in the armed forces outside the United States (Correct answer)
- Any testator over age 65
- A testator whose signature is later notarized
- Anyone who writes the entire will in their own hand
Correct answer: A person serving in the armed forces outside the United States
Maryland recognizes holographic wills only for those serving in the armed forces of the United States while outside the U.S., and such a will becomes void one year after discharge if the testator retains capacity.
Question 3: Testator's will leaves $50,000 to a friend who also served as one of the two attesting witnesses. Under Maryland law, what is the effect?
- The will and the gift are both valid because an interested witness does not affect validity (Correct answer)
- The gift to the witness is void but the will stands
- The entire will is invalid for lack of disinterested witnesses
- The witness takes only her intestate share
Correct answer: The will and the gift are both valid because an interested witness does not affect validity
Maryland provides that a will is not invalid because it is attested by an interested witness, and the interested witness's legacy is not forfeited.
Question 4: A Maryland testator dies intestate survived by a spouse and two minor children. What does the spouse take?
- One-half of the net intestate estate (Correct answer)
- The entire estate
- A lump sum plus one-half of the remainder
- One-third of the net intestate estate
Correct answer: One-half of the net intestate estate
When the decedent is survived by minor descendants, the Maryland intestacy statute gives the surviving spouse one-half of the net estate with no preliminary lump sum.
Question 5: Under Maryland's anti-lapse statute, a legacy to a legatee who predeceases the testator passes to whom, absent contrary intent?
- The legatee's issue or heirs, because the statute applies to any legatee, not just relatives (Correct answer)
- Only the legatee's issue if the legatee was a grandparent's descendant
- The residuary beneficiaries in all cases
- The state by escheat
Correct answer: The legatee's issue or heirs, because the statute applies to any legatee, not just relatives
Maryland's anti-lapse statute is unusually broad, saving gifts for any deceased legatee's surviving issue rather than limiting the protection to relatives of the testator.
Question 6: In Maryland, what effect does an absolute divorce have on a will executed during the marriage?
- All provisions relating to the former spouse are revoked by operation of law (Correct answer)
- The entire will is revoked
- The will is unaffected unless it says otherwise
- Only appointment of the ex-spouse as personal representative is revoked
Correct answer: All provisions relating to the former spouse are revoked by operation of law
Under Maryland law an absolute divorce or annulment revokes all provisions in the will relating to the former spouse, while the rest of the will remains effective.
Question 7: A caveat (will contest) in Maryland generally must be filed within what period?
- Six months after the first appointment of a personal representative (Correct answer)
- Thirty days after the will is admitted to probate
- One year after the testator's death
- Two years after letters are granted
Correct answer: Six months after the first appointment of a personal representative
A petition to caveat generally must be filed within six months after the first appointment of a personal representative under a will, subject to limited exceptions.
MD Bar Wills Trusts and Estates 2
Under Maryland law, how many attesting witnesses are required for a valid will?