How Do You Challenge a Will Based on Undue Influence in Maryland?

 Posted on July 21, 2026 in Estates, Trusts, Probate & Fiduciary Litigation

A sudden or unexpected change to a loved one’s will raises serious questions. Perhaps one family member received nearly everything after becoming deeply involved in the deceased person’s care. Maybe the new will was signed while the deceased person was sick, isolated, or vulnerable.

These situations do not automatically prove someone did anything wrong. However, they may support a claim that a will was created through undue influence.

Undue influence occurs when someone uses pressure or control to overcome another person’s free choice when writing a will. The final will then reflects what the influencer wanted, rather than the true wishes of the person who died.

If you are facing a case involving undue influence on a will or other part of an estate plan in 2026, speak with a Baltimore probate litigation lawyer at Silverman Thompson right away.

What Does "Undue Influence" Look Like in a Maryland Will Case?

People often make surprising estate planning choices. A parent may leave more money to one child than another; a great aunt or uncle may change a will late in life to include someone who never expected to inherit.

If someone who is (or expected to be) a beneficiary feels a will’s terms are unfair, this alone does not prove undue influence. The person challenging the will has to have real evidence that another person improperly controlled how the will was written.

Maryland courts consider many possible issues when deciding whether undue influence occurred. These include whether:

• The person accused of undue influence had a close or confidential (or trusting) relationship with the testator (the person who made the will)
• The testator was highly susceptible to undue influence
• The accused had a chance to influence the decision
• The accused helped arrange or prepare the new will
• The will made an unexpected change from an earlier estate plan
• The accused received a large benefit under the new will
• The change occurred shortly before the testator’s death

No single fact always proves a case because courts have to look at the entire situation. For example, a caregiver who receives an inheritance is not automatically guilty of undue influence. However, there may be good reason to look closely if that caregiver controlled important parts of the testator's life, including their contact with lawyers.

Who Can Challenge a Will in Maryland?

In Maryland, a will is challenged through a legal process called a "caveat proceeding." The person filing the challenge is often called the "caveator."

An "interested person" may generally challenge a will. Under the law, an interested person includes someone who would inherit either under an earlier will or under Maryland law if there were no valid will. Someone who would not benefit if the challenge succeeds may not have the right to bring a case. Other interested persons in a case might include executors or personal representatives.

How Long Do You Have to Challenge a Will in Maryland?

Challenging a will usually begins by filing a verified petition to caveat the will. The petition explains why the will should not be accepted. Undue influence may be raised along with other issues, such as fraud, forgery, improper signing, or lack of testamentary capacity.

Under Maryland Estates and Trusts §5-207, a verified petition to caveat a will must ordinarily be filed no later than six months after the first appointment of a personal representative under the will. Different timing may apply if another will is later offered for probate.

Weighing whether to challenge a will is a serious decision, especially because doing so often stirs up uncomfortable family dynamics. But waiting can seriously damage a case for a number of reasons, not least of which is that estate property may be sold or distributed.

What Happens if You Successfully Challenge a Will in Maryland?

If a court finds that a will was unduly influenced, the court can refuse to admit the will to probate or set aside the will if it was already admitted. An earlier valid will may then control how the estate is divided. If there is no earlier valid will, the property will pass through probate under Maryland’s intestacy laws. These laws decide which relatives inherit when a person dies without a valid will.

The court may also need to decide several connected issues, including which will is valid, who should serve as personal representative, and whether any estate property was wrongly handled.

Call a Baltimore Probate and Fiduciary Litigation Attorney Today

Undue influence cases usually involve both difficult legal questions and painful family conflict. A Baltimore County estate and trust litigation lawyer at Silverman Thompson can investigate the circumstances of your case with sensitivity and protect your interests.

Silverman Thompson Partner Edward P. Parent leads our highly regarded fiduciary litigation practice with extensive trial, appellate, and arbitration experience. That experience includes the successful challenge of wills resulting from the exercise of undue influence, as well the successful defense of against such legal challenges to a will.  Mr. Parent’s unique ability to analyze such claims from both sides has positioned Silverman Thompson’s fiduciary litigation practice as the foremost in Maryland in handing estates and trusts disputes.

Call 410-385-2225 today to schedule a consultation.