Estates and Trusts - Interpretation of Wills - Extrinsic Evidence of Intent (Granny's Law)
If enacted, SB1029 establishes a rebuttable presumption that a personal representative can present evidence to support the interpretation of a will in alignment with the decedent's intent to use legacies for health equity concerns. This change would allow courts to consider a decedent's history and actions regarding health equity when interpreting legacies, thus enabling a potentially more equitable distribution of assets towards charitable causes that the decedent may have valued during their life. Such a provision could redefine the expectations for how legacies in wills are utilized, particularly with respect to public health and community needs.
Senate Bill 1029, also known as 'Granny's Law', proposes changes to the Maryland Estates and Trusts laws concerning the interpretation of wills, particularly allowing personal representatives to petition the court to determine a decedent's intent based on extrinsic evidence. This bill is significant in emphasizing the intention behind legacies, especially those designated for health providers or charitable organizations tied to health equity. The law aims to create a framework whereby the interpretation of such wills can be adjusted to reflect the decedent's interest in addressing health equity issues, even if not explicitly stated in the will itself.
Notably, the bill applies retroactively to wills probated on or after October 1, 2021, which could raise concerns among those who believe laws should only apply to future actions. This retroactive application could complicate existing estates and lead to disputes regarding legacies that may have been intended for different uses. Additionally, the potential for court involvement in interpreting legacies based on personal representative petitions might lead to more contested probate cases, depending on the interpretations presented and the evidence available at the time.
The bill also imposes requirements for legatees to demonstrate how they have utilized the legacy within a specified timeframe after probate, which could add a layer of accountability to the distribution and use of inheritances. Such stipulations are designed to ensure that the decedent's intent regarding health equity is honored. Consequently, while the bill may receive support for promoting health equity, it may encounter opposition due to concerns about the complexity it introduces into the already intricate probate process.