A Caveat is a challenge to the validity of a will; it may also be known as a Will Contest. The Orphan’s Court in the county where the will is probated (or should be probated) has original jurisdiction.[1] The statute of limitations for filing a Caveat is six months from the date of the appointment of the PR, unless a later will is admitted to probate, then it is a three months.[2] The statute of limitations may be tolled where there are instances of fraud, material mistake or substantial irregularity.[3]

The practical effect of the Caveat is to request judicial probate.[4] A Caveat filed after a will is admitted to probate and a PR appointed is required to be defended by the PR.[5] Given that the PR is discharging his duty to defend the will, the attorney’s fees utilized in the defense are properly an estate expense.[6] This may still be the case even where the PR was found to have exerted undue influence or fraud upon the testator, if the PR acted in good faith in defending the will.[7]

The typical grounds for a caveat are:

Failure to comply with formalities of execution
Undue Influence
Lack of Testamentary Capacity
Insane Delusion
Fraud
Revocation
Duress

The burden of proof depends upon the grounds for the caveat alleged. For an attack upon the formalities of the will, e.g., attestation and execution, the caveatee (or PR) bears the burden of showing prime facie due execution of the will creating a presumption of due execution, which then shifts the burden to the caveator. After the presumption attaches, the burden of proof is a clear and convincing standard for the caveator to show that the formalities were not met.[8]

For challenges on the basis of fraud, undue influence and lack of testamentary capacity, the caveator bears the burden of proof by a preponderance of evidence standard.[9] Note, that the standard for fraud in a caveat is less than the standard for a civil cause of action for fraud, which is a clear and convincing standard.[10]

If you are the personal representative of an estate and an heir has filed a caveat, or you need to challenge a Will, then schedule a free consultation with one of our experienced estate litigators.

David A. (Andy) Hall, Esq.
King|Hall LLC
410-779-9971
5300 Dorsey Hall Drive
Suite 107
Ellicott City, Maryland 21042
andy@kh.legal

 

[1] Md. Rule 6-111

[2] Est. & Trusts § 5-207

[3] See Durham v. Walters, 474 A.2d 523, 59 Md. App. 1 (1984); see also Green v. Nelson, 227 Md. App. 698, 135 A.3d 914 (2016) (citing Durham)

[4] Id.

[5] See Mead v. Tydings, 133 Md. 608, 105 A. 863 (1919); see also Marine v. Johnson, 437 A.2d 694, 50 Md. App. 327 (1981) (citing Mead)

[6] Id.

[7] See Fields v. Mersack, 577 A.2d 376, 83 Md. App. 649 (1989) (noting that the determination of the caveat and the review of attorney’s fees are separate functions).

[8] See Slack v. Truitt, 791 A.2d 129, 368 Md. 2 (2002); see also Anderson v. Staiger (2015) (unreported)

[9] See Krouse v. Krouse, 617 A.2d 1098, 94 Md. App. 369 (1992)

[10] Id. (noting Sykes’ analysis that the standard for fraud in a will contest is the same for undue influence); see also Green v. McClintock, 218 Md. App. 336, 97 A.3d 198 (2014)(citing Krouse approvingly)