It is a crime to destroy a will. Why would someone do this? Most likely, it occurs when contentious family members discover they have been disinherited or do not like some of the terms in the will of a recently deceased family member. The Maryland statute reads:
§ 8-702. Destroying will
(a) Prohibited.- Unless the maker of a will gives instruction to the person keeping the will for safe custody, a person who receives a will for safe custody may not:
(1) destroy the will; or
(2) after the person learns of the death of the maker, willfully hide the will for a period of 6 months.
(b) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment for not less than 18 months and not exceeding 15 years.
The elements of the crime are that a will, codicil or other testamentary document existed, and the accused concealed, secreted, suppressed or mutilated the document and in doing so acted to defraud another. The crime consists of an act- destroying or hiding the document combined with an intentional mindset – to defraud someone.
The document history may be tracked down using various investigative means. Evidence may include computer forensics showing the drafting history of the document, photocopies, or testimony from witnesses.
The accused may find himself or herself in even further trouble than just criminal court. If someone is damaged by this behavior, the accused receiving punishment for the crime does not make the victim whole. In order for the victim of this act to recoup his or her losses, a civil lawsuit may need to be filed.
There are many issues that could arise in a civil suit contesting the validity of a will. Often information comes to light that not only did the accused destroy or conceal a valid will, but they may have exerted undue influence over the decedent prior to death to force someone to create a testamentary document that they either did not intend or lacked capacity to create.
After the death of a relative, tensions may be running high as to locating a will and preventing family members from destroying it. There may also be concerns about preserving assets of the decedent pending enactment of the legal process to commence estate administration. If you have concerns like these, contact the experienced probate attorneys at Stouffer Legal in the Greater Baltimore area for assistance and actionable advice. You can schedule an appointment by calling us at (443) 470-3599 or emailing us at office@stoufferlegal.com.
