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SB 1029

candidate committees; posthumous closure

57th Legislature - Second Regular Session Introduced by John Kavanagh

Granny's Law lets probate courts use limited extrinsic evidence to honor a decedent's health-equity intent behind health-sector legacy gifts, with oversight and potential return.

Signed by Governor
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Bill Summary · SB 1029

SB 1029 — Estates and Trusts — Interpretation of Wills — Extrinsic Evidence of Intent (“Granny’s Law”)

Status: Hearing scheduled March 11 at 1:00 p.m.
Introduced: January 31 / first read February 8, 2025
Sponsors: Senators Attar, McCray, Lam, Muse, Augustine (et al.)
Companion: HB 868 (Delegate Rosenberg, et al.)
Effective date (as written): October 1, 2025 (retroactive application described below)

Purpose / Intent

SB 1029 (called “Granny’s Law”) permits limited use of extrinsic evidence in probate to ensure a decedent’s testamentary intent is honored when a will leaves a legacy to a health provider or a health-sector charitable organization but does not expressly require the gift be used for health equity — and the decedent had a known, active interest in health equity. It also establishes a State policy supporting efforts to reduce racial disparities in health outcomes and to encourage gifts for that purpose.

Key provisions

  • Personal representative petitions:
    • A personal representative may petition the orphans’ court (probate court) to interpret a will “in accordance with the intent of the decedent” when:
    • The will contains a legacy to a health provider or a charitable organization in the health sector; and
    • The will does not expressly state the legacy must be used to address health equity, despite evidence the decedent had an active interest in health equity issues.
    • The personal representative must present evidence (including actions by the decedent during life) to demonstrate the decedent’s intent.
  • Rebuttable presumption:
    • Presentation of satisfactory evidence by the personal representative creates a rebuttable presumption of the decedent’s intent. If unrefuted, the court must interpret the will in accordance with that intent.
  • Post‑probate oversight and remedies:
    • For a period from 6 months to 3 years after probate, the personal representative may require the legatee (the health provider or health-sector charity) to demonstrate how the legacy was used.
    • If the legatee fails to show the legacy was used in accordance with the court’s interpretation, the personal representative may petition the court for:
    • An order requiring return of the legacy to the estate, or
    • A judgment requiring the legatee to pay the estate the value of the legacy.
  • State health policy:
    • Adds to Health–General Article a declared State policy to oppose and alleviate racial disparities in health outcomes and to encourage gifts/bequests consistent with that policy.
  • Retroactivity:
    • The interpretive provisions apply retroactively to any will probated on or after October 1, 2021.

Who would be affected

  • Personal representatives (executors/administrators) — gains authority to present extrinsic evidence and to enforce use of legacies for health equity.
  • Legatees that are health providers or health-sector charities — may face requirements to document use of legacy funds and potential return/judgment if funds are not used consistent with the interpreted intent.
  • Orphans’/probate courts — increased petitions and factual determinations about decedents’ intent.
  • Donors/estate planners and beneficiaries — increased legal uncertainty where wills lack explicit directions about health‑equity uses.

Procedural / timeline aspects

  • Retroactive application to wills probated on or after Oct 1, 2021.
  • Bill as drafted takes effect Oct 1, 2025.
  • Fiscal note (Dept. of Legislative Services): no direct State or local fiscal impact identified.

Potential implications / considerations

  • Legal standard shift: narrows the “four corners” rule (which generally bars extrinsic evidence unless a will is ambiguous) by creating a limited exception where specific factual showing is made.
  • Could increase probate litigation and administrative burden on charities to document use of legacy funds for up to three years.
  • May encourage testators to draft explicit will language to avoid reinterpretation disputes.

Compiled from official sources — confirm details with the bill’s official record.

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