Understanding What Makes a Will Valid in Maryland
Planning for the future is one of the most thoughtful things you can do for yourself and your family. At Atkinson Lawyers, we help Maryland families protect their legacy and ensure their final wishes are honored. One of the most important tools in your estate plan is a valid last will and testament. But what exactly makes a will valid in Maryland?
Basic Requirements for a Valid Will in Maryland
Under Maryland law, there are three core requirements that every valid will must meet:
1. The Will Must Be in Writing
Maryland law requires that a will be written — either typed or handwritten — to be legally valid. Audio or video recordings, oral wills, or informal notes don’t meet the standard.
2. The Testator Must Sign the Will
The person making the will, known as the testator, must sign it. If the testator cannot physically sign, someone else may sign for them, but only at their direction and in their presence.
To be valid, the testator must also:
Be at least 18 years old, and
Have “testamentary capacity”, meaning they understand what they own, who they want to inherit it, and the effect of signing a will.
3. Two Witnesses Must Sign
After the testator signs, two credible adult witnesses must also sign the will in the testator’s presence. These witnesses act as independent attesters that the will was signed properly and without undue influence.
Witnesses should ideally be disinterested — meaning they do not stand to inherit under the will — to avoid conflicts or challenges later.
Examples of Valid (and Potentially Invalid) Wills in Maryland
Example 1 — Valid Will
John, age 60 and living in Baltimore, writes and signs a typed will that leaves his home to his daughter and savings to his son. In his lawyer’s office, two friends watch him sign and then sign themselves.
Why this is valid: Written format, testator’s signature, and two witnesses present — all required criteria are met. (Register of Wills)
Example 2 — Will With Missing Signatures
Mary, age 70, writes a will but forgets to have any witnesses sign.
Why this may be invalid: Without the witness signatures, Maryland law may not recognize the document as a valid will — even if Mary clearly expressed her wishes. (The Maryland People's Law Library)
Example 3 — Handwritten Military Will
David, stationed overseas with the U.S. military, completes a handwritten (“holographic”) will that meets Maryland’s strict requirements for service members.
Why this can be valid: Maryland may recognize handwritten wills for active military personnel under specific conditions; however, these are rare and can be tricky without legal help.
Why It Matters to Have a Valid Will in Maryland
If your will does not satisfy Maryland’s legal formalities, a court may refuse to enforce it, meaning your estate could be distributed according to Maryland’s intestacy laws, rather than your wishes.
A properly drafted and executed will:
Makes your wishes legally enforceable,
Helps protect your loved ones from confusion and conflict,
Allows you to appoint a personal representative (executor) you trust, and
Can name guardians for minor children.
Need Help Drafting a Valid Will in Maryland?
Creating an enforceable will is more than filling in a template, it’s about protecting your legacy and ensuring your wishes are respected. At Atkinson Lawyers, we guide you step by step through Maryland’s estate planning laws so your Will stands up to scrutiny and serve your family well into the future.
At Atkinson Law, we listen to all our clients and protect their interests so they can receive a positive legal outcome. We’ll work with you and give you the best possible recommendation for your future. To learn more about Estate Planning, contact us today by calling (410) 882-9595 or visiting our website.
📞 Call us today for a personalized consultation and make sure your will truly reflects your final wishes. Your peace of mind starts here.