EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1518*
HOUSE BILL 1518
N2 4lr3458
By: Delegate Rosenberg
Introduced and read first time: February 26, 2024
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Estates and Trusts – Interpretation of Wills – Extrinsic Evidence of Intent 2
(Granny’s Law) 3
FOR the purpose of authorizing, under certain circumstances, a personal representative to 4
petition the Orphans’ Court to interpret a decedent’s will in accordance with the 5
decedent’s intent as demonstrated by certain extrinsic evidence; establishing a 6
certain rebuttable presumption as to a decedent’s intent; authorizing the personal 7
representative to require a certain legatee to demonstrate the use of a legacy under 8
the decedent’s will; authorizing the personal representative to petition the court to 9
issue a certain order or judgment regarding the legacy; applying certain provisions 10
of this Act retroactively to wills probated on or after a certain date; and generally 11
relating to the interpretation of provisions of wills and extrinsic evidence. 12
BY repealing and reenacting, with amendments, 13
Article – Estates and Trusts 14
Section 7–402 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2023 Supplement) 17
BY adding to 18
Article – Health – General 19
Section 1–103 20
Annotated Code of Maryland 21
(2023 Replacement Volume) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Estates and Trusts 25
7–402. 26 2 HOUSE BILL 1518
(a) (1) The personal representative may petition the court for permission to 1
act in any matter relating to the administration of the estate. 2
(2) (I) 1. THE PERSONAL REPRESENTAT IVE MAY PETITION THE 3
COURT TO INTERPRET A WILL IN ACCORDANCE WITH THE INTENT OF THE DECEDENT 4
IF: 5
A. THE WILL CONTAINS A LEGA CY FOR A HEALTH 6
PROVIDER OR CHARITAB LE ORGANIZATION IN T HE HEALTH SECTOR ; AND 7
B. THE WILL DOES NOT EXPRESSLY PROVIDE TH AT THE 8
LEGACY MUST BE USED TO ADDRESS HEALTH EQ UITY ISSUES EVEN THO UGH THE 9
DECEDENT’S LIFE REFLECTED AN ACTIVE INTEREST IN H EALTH EQUITY ISSUES . 10
2. A PERSONAL REPRESENTAT IVE WHO PETITIONS A 11
COURT UNDER THIS PAR AGRAPH SHALL PRESENT EVIDENCE SATISFACTORY TO THE 12
COURT, INCLUDING EVIDENCE O F ACTIONS TAKEN BY THE DECEDENT DURING THE 13
DECEDENT’S LIFETIME, TO DEMONSTRATE THE INTENT OF THE DE CEDENT UNDER 14
THIS SUBPARAGRAPH THAT THE LEGACY TO T HE HEALTH PROVIDER O R 15
CHARITABLE ORGANIZAT ION IN THE HEALTH SECTOR MU ST BE USED TO ADDRES S 16
HEALTH EQUITY ISSUES . 17
(II) A PERSONAL REPRESENTAT IVE’S PRESENTATION OF 18
EVIDENCE IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL 19
CREATE A REBUTTABLE PRESUMP TION AS TO THE INTENT OF THE DECEDENT AND 20
UNLESS EVIDENCE IS P RESENTED TO REBUT TH E PRESUMPTION , THE COURT SHALL 21
INTERPRET THE WILL IN ACCORDANCE WITH T HE INTENT OF THE DECEDENT . 22
(III) 1. FOR THE PERIOD BEGINN ING 6 MONTHS AFTER THE 23
PROBATE OF THE ESTAT E AND ENDING 3 YEARS AFTER THE PROB ATE OF THE 24
ESTATE, A PERSONAL REPRESENT ATIVE WHO PETITIONS THE COURT UNDER 25
SUBPARAGRAPH (I)1 OF THIS PARAGRAPH MA Y REQUIRE A LEGATEE DESCRIBED 26
UNDER SUBPARAGRAPH (I)1A OF THIS PARAGRAP H TO DEMONSTRATE HOW T HE 27
LEGACY WAS USED BY T HE LEGATEE. 28
2. IF THE LEGATEE FAILS TO DEMONSTRATE THAT THE 29
LEGACY WAS USED IN A CCORDANCE WITH THE I NTERPRETATION OF THE WILL 30
UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH , THE PERSONAL REPRESENTATIVE 31
MAY PETITION THE COU RT TO ISSUE: 32
A. AN ORDER REQUIRING THE BENEFICIARY TO RETURN 33
THE LEGACY TO THE ES TATE; OR 34
HOUSE BILL 1518 3
B. A JUDGMENT REQUIRING T HE LEGATEE TO PAY THE 1
ESTATE THE VALUE OF THE LEGACY. 2
(b) The court may pass any order it considers proper. 3
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 4
as follows: 5
Article – Health – General 6
1–103. 7
IT IS THE POLICY OF T HE STATE TO OPPOSE AND A LLEVIATE ANY DISPARI TY 8
IN HEALTH OUTCOMES F OR AND AMONG RACIAL GROUPS IN THE STATE RESULTING 9
FROM THE PROVISION OF TRE ATMENT OTHERWISE AVAILABLE TO ASSIST THE 10
PUBLIC IN GENERAL, AND TO ENCOURAG E AND SUPPORT THE MAKING O F GIFTS AND 11
BEQUESTS CONSISTENT WITH THIS POLICY TO ADDRE SS AND ALLEVIATE SUC H 12
HEALTH DISPARITIES . 13
SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of t his Act shall be 14
construed to apply retroactively to any will probated on or after October 1, 2021. 15
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2024. 17