Home Table of Contents

§ 4-105. Procedures to revoke will

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2019

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 4. Wills (Refs & Annos)
Subtitle 1. Execution, Revocation, and Revival (Refs & Annos)
Effective: October 1, 2019
MD Code, Estates and Trusts, § 4-105
§ 4-105. Procedures to revoke will
(a) Except as provided in subsection (b) of this section, a will, or any part of it, may not be revoked in any manner.
(b) A will may be revoked under the following circumstances:
(1) By provision in a subsequent, validly executed will that:
(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(ii) Expressly republishes an earlier will that had been revoked by an intermediate will but is still in existence;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) By burning, cancelling, tearing, or obliterating the will, by the testator, or by some other person in the testator's presence and by the testator's express direction and consent;
(3) By subsequent marriage of the testator followed by the birth, adoption, or legitimation of a child by the testator provided the child or the child's descendant survives the testator; and all wills executed before the marriage shall be revoked; or
(4) By an absolute divorce of a testator and the testator's 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.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1986, c. 396, § 1; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93, § 4-105.
MD Code, Estates and Trusts, § 4-105, MD EST & TRST § 4-105
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document