Last Will and Testament for Divorced person not Remarried with Minor Children
Note: This summary is not intended to be an all-inclusive discussion of the law of wills in Maryland, but does contain basic and other information.
This summary does not discuss handwritten wills or the situation where
the testator cannot sign his or her name.
Who may make a will: Any person may make
a will if he is 18 years of age or older, and legally competent to make
a will. 4-101
Execution of Will: A will shall be (1)
in writing, (2) signed by the testator, or by some other person for him,
in his presence and by his express direction, and (3) attested and signed
by two or more credible witnesses in the presence of the testator. 4-102
Foreign Wills: A will executed outside
this state is properly executed if it is: (1) In writing;(2)
Signed by the testator; and (3) Executed in conformity with the provisions
of Maryland law, or the law of the domicile of the testator, or the place
where the will is executed. 4-104
Revocation: A will may be revoked by:
(1) Subsequent will. - By provision in a subsequent, validly
executed will which (i) revokes any prior will or part of it either expressly
or by necessary implication, or (ii) expressly republishes an earlier will
that had been revoked by an intermediate will but is still in existence;
(2) Destruction. - By burning, cancelling, tearing, or obliterating
the same, by the testator himself, or by some other person in his presence
and by his express direction and consent;
(3) Subsequent marriage and issue. - By the subsequent marriage
of the testator followed by the birth, adoption, or legitimation of a child
by him, provided such child or his descendant survives the testator; and
all wills executed prior to such marriage shall be revoked; or
(4) Divorce or annulment. - By an absolute divorce of a testator
and his spouse or the annulment of the marriage, either of which occurs
subsequent to the execution of the testator's will; and all provisions
in the will relating to the spouse, and only those provisions, shall be
revoked unless otherwise provided in the will or decree. 4-105
Delivery of Will: After the death of a testator,
a person having custody of his will shall deliver the instrument to the
register for the county in which administration should be had pursuant
to law. The custodian may inform an interested person of the contents of
the will. A custodian who willfully fails or refuses to deliver a will
to the register after being informed of the death of the testator is liable
to a person aggrieved for the damages sustained by reason of the failure
or refusal. 4-202
