Simple Will - Maryland

LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
XI. Self-Proving Affidavit / Recital of Attestation (Optional)

I. DOCUMENT HEADER

1. Effective Date. This Last Will and Testament (this “Will”) is made as of [EFFECTIVE DATE] (the “Effective Date”) by [TESTATOR FULL LEGAL NAME], a resident of [COUNTY], Maryland (the “Testator”).
2. Revocation of Prior Instruments. The Testator hereby revokes all prior wills and codicils.
3. Statement of Family. The Testator is married to [SPOUSE NAME] (“Spouse”) and has the following children:
   a. [CHILD 1 NAME, birthdate]
   b. [CHILD 2 NAME, birthdate]
   [ADD/DELETE AS NEEDED]

II. DEFINITIONS

For purposes of this Will, the following terms have the meanings set forth below. Capitalized terms used but not defined have the meanings given to them in context.

“Assets” means all property, real or personal, tangible or intangible, wherever located, that is owned by the Testator at death.

“Beneficiary” means any person or entity receiving a distribution under this Will.

“Estate” means the probate estate of the Testator, consisting of all Assets passing under this Will.

“Maryland Probate Court” means the Orphans’ Court for the county in which this Will is admitted to probate or, for administrative probate matters, the Register of Wills for that county. (In Montgomery, Harford, and Howard Counties, there is no separate Orphans' Court; the Circuit Court judges for those counties sit as the Orphans' Court.) The Orphans' Court is a court of limited statutory jurisdiction that “may not, under pretext of incidental power or constructive authority, exercise any jurisdiction not expressly conferred” (Md. Code Ann., Est. & Trusts § 2-102(a)(2)); general equitable remedies, including injunctive relief, are unavailable in the Orphans' Court and must be sought in the Circuit Court sitting in equity.

“Minor” means a Beneficiary under the age of eighteen (18) years.

“Personal Representative” means the executor, executrix, or personal representative appointed under Section III.1.

“Residue” means the Assets remaining after payment of debts, expenses, taxes, and all specific gifts.

III. OPERATIVE PROVISIONS

1. Appointment of Personal Representative.
   a. Primary Appointment. The Testator nominates and appoints [PRIMARY EXECUTOR NAME] as Personal Representative.
   b. Successor Appointment. If [PRIMARY EXECUTOR NAME] fails or ceases to serve, [SUCCESSOR EXECUTOR NAME] shall serve.
   c. Powers. The Personal Representative shall have all powers granted under Maryland law, including without limitation the powers enumerated in Md. Code Ann., Est. & Trusts §§ 7-401 et seq., and any additional powers set forth in Section III.5.

2. Specific Bequests.
   a. [DOLLAR AMOUNT] to [BENEFICIARY NAME & ADDRESS].
   b. [DESCRIPTION OF ITEM] to [BENEFICIARY NAME & ADDRESS].

3. Charitable Gifts. The Testator directs that [CHARITY NAME & FEDERAL EIN] receive [DOLLAR AMOUNT OR PERCENTAGE]% of the Residue, free of all inheritance taxes.

4. Residuary Clause. The Residue shall be distributed to the following Beneficiaries in the percentages indicated:
   a. [BENEFICIARY A]: [PERCENTAGE]%
   b. [BENEFICIARY B]: [PERCENTAGE]%
   If any Beneficiary predeceases the Testator, that Beneficiary’s share shall lapse and pass per stirpes to his or her descendants, or, if none, to the surviving Residuary Beneficiaries pro rata.

5. Fiduciary Powers. In addition to statutory powers:
   a. Hold, invest, and reinvest Estate Assets without diversification.
   b. Sell real or personal property at public or private sale without court order.
   c. Employ professionals and pay reasonable fees from the Estate.
   d. Settle, compromise, or release claims of or against the Estate.

6. Trust for Minors.
   a. Creation. Any distribution to a Minor shall be held in trust by the Personal Representative (as Trustee) until the Minor reaches age [AGE, e.g., 25].
   b. Discretionary Distributions. The Trustee may distribute income or principal for the Minor’s health, education, maintenance, or support (“HEMS”).
   c. Termination. Upon the Minor’s attaining age [AGE], the remaining trust corpus shall be distributed outright to such Beneficiary.

7. Guardianship Nomination. Pursuant to Md. Code Ann., Est. & Trusts § 13-701, the Testator nominates [GUARDIAN NAME] as guardian of the person of any Minor child; a testamentary nomination of a guardian of the person requires no court approval or qualification. The Testator further recommends [GUARDIAN NAME] for appointment as guardian of the property of any Minor child; unlike the guardian of the person, a guardian of the property is subject to court appointment under Est. & Trusts Title 13, Subtitle 2.

IV. REPRESENTATIONS & WARRANTIES

1. Testamentary Capacity. The Testator represents that he/she is at least eighteen (18) years of age and legally competent to make a will, satisfying Md. Code Ann., Est. & Trusts § 4-102(a), and is of sound and disposing mind and memory.
2. Voluntary Act. Execution of this Will is the Testator’s free and voluntary act and not the product of duress or undue influence.

V. COVENANTS & RESTRICTIONS

1. Anti-Assignment. No Beneficiary may assign, pledge, or encumber any interest under this Will prior to distribution (spendthrift protection).
2. Compliance with Probate Procedure. The Personal Representative shall comply with all Maryland probate procedures, including timely filings, notices, and accountings.

VI. DEFAULT & REMEDIES

1. In Terrorem (No-Contest) Clause. If any Beneficiary contests this Will or any provision hereof, directly or indirectly, or institutes other proceedings relating to the Estate, that Beneficiary’s interest shall be forfeited and shall pass to the Residue for redistribution among the non-contesting Beneficiaries. Seeking to construe or clarify this Will shall not constitute a contest. Notwithstanding the foregoing, under Md. Code Ann., Est. & Trusts § 4-413, this provision is void as applied to a Beneficiary who had probable cause for instituting the contest or other proceeding; Maryland does not enforce in terrorem clauses against a beneficiary who had a good-faith, reasonable basis for the challenge.
2. Injunctive Relief. Because the Orphans' Court is a court of limited statutory jurisdiction without general equitable powers (Md. Code Ann., Est. & Trusts § 2-102), the Personal Representative may seek injunctive relief to enforce this Section VI only in the Circuit Court for the county in which the Estate is administered, sitting in equity.

VII. RISK ALLOCATION

1. Executor Indemnification. The Estate shall indemnify the Personal Representative against any liability, loss, or expense (including reasonable attorneys’ fees) incurred in good-faith administration of the Estate, except for willful misconduct or gross negligence.
2. Liability Cap. Any liability of the Estate, the Personal Representative, or any fiduciary under this Will is limited to the value of the Estate Assets; no personal liability shall attach.
3. Force Majeure. The Personal Representative shall not be liable for delay or failure to act caused by events beyond reasonable control, including but not limited to natural disasters, governmental actions, or pandemics.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Will and all disputes hereunder are governed by the laws of the State of Maryland, without regard to conflict-of-laws principles.
2. Exclusive Forum. Exclusive jurisdiction and venue for probate of this Will and administration of the Estate shall lie in the Maryland Probate Court for the county in which the Testator is domiciled at death. Matters requiring equitable relief that exceed the Orphans' Court's limited statutory jurisdiction under Est. & Trusts § 2-102 (including the injunctive relief described in Section VI.2) shall instead be brought in the Circuit Court for that county, sitting in equity.
3. Arbitration. Arbitration is not available for probate matters.
4. Jury Waiver. To the fullest extent permitted by Maryland law, all parties waive the right to trial by jury in any proceeding relating to the administration of this Will.

IX. GENERAL PROVISIONS

1. Taxes and Expenses. All estate, inheritance, and other death taxes, together with administration expenses, shall be paid from the Residue without apportionment, unless otherwise directed herein.
2. Digital Assets. The Personal Representative is authorized to access, manage, control, delete, or transfer the Testator’s digital assets and accounts pursuant to the Maryland Fiduciary Access to Digital Assets Act, Md. Code Ann., Est. & Trusts §§ 15-601 to 15-620.
3. Severability. If any provision of this Will is held invalid, the remaining provisions shall remain in full force and effect.
4. Headings. Headings are for convenience only and do not affect interpretation.
5. Amendment. This Will may be amended only by a subsequent writing executed with the same formalities required for wills under Maryland law.
6. Counterparts. This Will may be executed in multiple counterparts, each of which is deemed an original.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], the Testator, sign my name to this Will on the date written below and do declare that I sign and execute this instrument as my Last Will and Testament.

Date: _______________________

______________________________________
[TESTATOR FULL LEGAL NAME], Testator

ATTESTATION BY WITNESSES

We, the undersigned witnesses, affirm that on the date written above the Testator declared this instrument to be his/her Last Will and Testament, signed it in our presence, and requested that we witness the same. Each of us is at least 18 years old, is mentally competent, and is not a Beneficiary under this Will.

1. ______________________________________
   [WITNESS #1 NAME]
   Address: _______________________________

2. ______________________________________
   [WITNESS #2 NAME]
   Address: _______________________________

XI. SELF-PROVING AFFIDAVIT / RECITAL OF ATTESTATION (Optional)

STATE OF MARYLAND )
COUNTY OF _______________________ ) ss.

We, [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], being first duly sworn, do hereby declare to the undersigned authority that the Testator signed the foregoing instrument as his/her Last Will and Testament; that the Testator signed (or directed another to sign for the Testator) in our presence; that we, the witnesses, signed in the Testator’s presence and in the presence of each other; and that the Testator appeared to be of sound mind and over eighteen (18) years of age.

__________________________________ Testator
__________________________________ Witness #1
__________________________________ Witness #2

SUBSCRIBED, SWORN TO, AND ACKNOWLEDGED before me on this ____ day of __________, 20____.

__________________________________
Notary Public
My Commission Expires: _____________