The case of Estate of Steiner, 255 Md. App. 275 (2022), underscores the nuances of testamentary law in Maryland, especially regarding the presence and function of attestation clauses in wills. This article delves into the legal principles illuminated by this case, demonstrating how the absence of an attestation clause can lead to disputes, and how you can proactively protect your estate planning wishes with a properly crafted will.

What Is an Attestation Clause and Why Is It Important?

In the Estate of Steiner case, the Maryland Court of Special Appeals affirmed that while an attestation clause can simplify the validation of a will, it is not a legal necessity. An attestation clause recites the facts necessary for the proper execution of a will, and its inclusion provides prima facie evidence of due execution. As the court explained, “a presumption of due execution attaches to a will that contains the testator’s signature and an attestation clause signed by the witnesses.” Id. at 289.

However, the absence of such a clause does not invalidate a will. Maryland law allows proponents of a testamentary document to establish a prima facie case for validity by presenting sufficient evidence from the document or surrounding circumstances (Md. Code, Est. & Trusts § 4-102(b)). This statute specifies:

“(b) Except as provided in §§ 4-103 and 4-104 of this subtitle and subsection (f) of this section, every will shall be: (1) In writing; (2) Signed by the testator …; and (3) Attested and signed by two or more credible witnesses ….”

Without an attestation clause, the burden of proving the validity of a will may fall heavily on the proponent, as was evident in Estate of Steiner. Including an attestation clause can help avoid such complications.

The Facts and Rationale in Estate of Steiner

Theresa Ruth Steiner’s case arose from a handwritten codicil that altered her original will. The codicil, which lacked an attestation clause, faced scrutiny regarding its validity. Despite this omission, the court upheld the codicil’s validity, emphasizing that it satisfied Maryland’s statutory requirements for wills. Evidence such as consistent handwriting, matching signatures, and the presence of witnesses substantiated its legitimacy. Id. at 303.

The case highlights the risks of relying on documents without formal attestation clauses. While the testator’s intent ultimately prevailed, the challenge to the codicil demonstrates the potential for costly and stressful legal disputes when formalities are overlooked.

Ensure Your Will Meets All Legal Standards

Avoiding the challenges seen in Estate of Steiner starts with a properly drafted will. Our customizable last will and testament includes a professionally crafted attestation clause to ensure your document is prima facie valid. For under $100, you can secure peace of mind, saving thousands in potential legal fees while protecting your legacy.

Our forms comply with Maryland law and include clear instructions to avoid errors that might invite disputes. By choosing a customizable will, you can prevent the types of issues that arose in Estate of Steiner, safeguarding your wishes and reducing the burden on your loved ones.

Conclusion

The case of Estate of Steiner illustrates the importance of adhering to statutory requirements in estate planning. While Maryland law allows for flexibility, including an attestation clause can reduce uncertainty and potential disputes. Take the first step toward protecting your estate and loved ones by exploring our customizable Maryland will.

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