EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*sb1029*
SENATE BILL 1029
N2 5lr3539
By: Senators Attar, McCray, Lam, Muse, and Augustine
Introduced and read first time: February 8, 2025
Assigned to: Rules
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 2024 Supplement) 17
BY adding to 18
Article – Health – General 19
Section 1–102 20
Annotated Code of Maryland 21
(2023 Replacement Volume and 2024 Supplement) 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 SENATE BILL 1029
(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 REPRESEN TATIVE MAY PETITI ON THE 3
COURT TO INTERPRET A WILL IN ACCORDANCE W ITH THE INTENT OF TH E DECEDENT 4
IF: 5
A. THE WILL CONTAINS A L EGACY FOR A HEALTH 6
PROVIDER OR CHARITAB LE ORGANIZATION IN T HE HEALTH SECTOR ; AND 7
B. THE WILL DOES NOT EXP RESSLY PROVIDE THAT THE 8
LEGACY MUST BE USED TO ADDR ESS HEALTH EQUITY IS SUES EVEN THOUGH 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 SATISFACTOR Y TO THE 12
COURT, INCLUDING EVIDENCE O F ACTIONS TAKEN BY T HE DECEDENT DURING T HE 13
DECEDENT’S LIFETIME, TO DEMONSTRATE THE I NTENT OF THE DECEDEN T UNDER 14
THIS SUBPARAGRAPH TH AT THE LEGACY TO THE HEALTH PROVIDER OR 15
CHARITABLE ORGANIZAT ION IN THE HEALTH SE CTOR MUST BE USED TO ADDRESS 16
HEALTH EQUITY ISSUES . 17
(II) A PERSONAL REPRESENTAT IVE’S PRESENTATION OF 18
EVIDENCE IN ACCORDAN CE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL 19
CREATE A REBUTTABLE PRESUMPTION AS TO TH E INTENT OF THE DECE DENT AND 20
UNLESS EVIDENCE IS P RESENTED TO REBU T THE PRESUMPTION , THE COURT SHALL 21
INTERPRET THE WILL I N ACCORDANCE WITH TH E INTENT OF THE DECE DENT. 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 PARAGRAPH TO DEMONSTRATE HOW THE 27
LEGACY WAS USED BY T HE LEGATEE. 28
2. IF THE LEGATEE FAILS TO DEMONSTRATE THAT THE 29
LEGACY WAS USED IN ACCORD ANCE WITH THE INTERP RETATION OF THE WILL 30
UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH , THE PERSONAL REPRESE NTATIVE 31
MAY PETITION THE COU RT TO ISSUE: 32
A. AN ORDER REQUIRING TH E BENEFICIARY TO RET URN 33
THE LEGACY TO THE ES TATE; OR 34
SENATE BILL 1029 3
B. A JUDGMENT REQUIRING T HE LEGATEE TO PAY TH E 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
1–102. 7
IT IS THE POLICY OF THE 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 AVA ILABLE TO ASSIST THE 10
PUBLIC IN GENERAL , AND TO ENCOURAGE AND SUPPORT THE MAK ING OF GIFTS AND 11
BEQUESTS CONSISTENT WITH THIS POLICY TO ADDRESS AND ALLEVIAT E SUCH 12
HEALTH DISPARITIES . 13
SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall be 14
construed to apply retroactively and shall be applied to and interpreted to affect any will 15
probated on or after October 1, 2021. 16
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2025. 18