Yes, Maryland permits disinheriting a child, but strict probate laws and equitable doctrines limit absolute testamentary freedom. The state enforces elective share rights for surviving spouses and imposes fiduciary duties on personal representatives to prevent fraudulent disinheritance. Recent 2026 amendments to the Maryland Uniform Probate Code (MUPC) further refine claims against estates lacking spousal or minor child protections.
Key Regulations for Disinheriting a Child in Maryland
- Elective Share Rights: Surviving spouses may claim 50% of the augmented estate if disinherited, per Md. Code Ann., Est. & Trusts § 3-203. This supersedes testamentary intent unless waived in a valid prenuptial agreement.
- Pretermitted Child Protections: Children born or adopted after a will’s execution may inherit intestate shares unless explicitly disinherited in a subsequent codicil, per Md. Code Ann., Est. & Trusts § 4-104.
- Fraudulent Disinheritance Prohibitions: Courts may invalidate wills procured through undue influence or duress, as outlined in Md. Rule 6-416. Personal representatives must document testamentary capacity to mitigate challenges.
Maryland’s probate courts scrutinize disinheritance claims under the “slayer statute” (Md. Code Ann., Est. & Trusts § 2-105), which bars inheritance by those convicted of felonious acts against the testator. Attorneys must ensure compliance with MUPC’s 2026 updates, which expand standing for creditors and omitted dependents in contested estates.