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Terms Used In Maryland Code, ESTATES AND TRUSTS 4-105

  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • Testator: A male person who leaves a will at death.
(a) Except as provided in subsection (b) of this section, a will, or any part of it, may not be revoked in any manner.

(b) A will may be revoked under the following circumstances:

(1) By provision in a subsequent, validly executed will that:

(i) Revokes any prior will or part of it either expressly or by necessary implication; or

(ii) Expressly republishes an earlier will that had been revoked by an intermediate will but is still in existence;

(2) By burning, cancelling, tearing, or obliterating the will, by the testator, or by some other person in the testator’s presence and by the testator’s express direction and consent;

(3) By subsequent marriage of the testator followed by the birth, adoption, or legitimation of a child by the testator provided the child or the child’s descendant survives the testator; and all wills executed before the marriage shall be revoked; or

(4) By an absolute divorce of a testator and the testator’s spouse or the annulment of the marriage, either of which occurs subsequent to the execution of the testator’s will; and all provisions in the will relating to the spouse, and only those provisions, shall be revoked unless otherwise provided in the will or decree.