Maryland

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

Estates & Trusts §4101, et seq

Operative Facts

1. Creation must be voluntary
2. document must be dated and in writing
3. document must be signed by declarant or at express direction of declarant
4. document must be subscribed by 2 witnesses
5. document is effective when attending physician and second physician certify in writing that patient is incapable of making an informed decision on basis of physical examination within 2 hrs. of certification (if patient is unconscious, 2nd physician not required)
6. oral directives must be made in presence of attending physician and one witness physician must sign and date documentation in patients medical record. (suggested forms §5-603)

Age of Testator

18 years or older and legally competent

Number of Witnesses Required

Must be attested and signed in presence of testator by two or more credible witnesses.

Oral Will Recognition

Soldiers in actual service or mariner at sea may make nuncupative will of personal property.

Holographic Will Recognition

Not recognized