MD HB868

Personal representatives who held power of attorney or served as a decedent's caregiver may petition orphans' court to interpret a will according to the decedent's intent when the will contains a legacy to a health provider or charitable health organization but does not specify the funds must address health equity issues

Extrinsic evidence of the decedent's lifetime actions demonstrating interest in health equity creates a rebuttable presumption that the legacy was intended for health equity purposes, requiring the court to interpret the will accordingly unless rebutted

Between 6 months and 3 years after probate, personal representatives may require health-sector legatees to demonstrate how the legacy was used, and may petition the court to order return of the legacy or payment of its value if not used consistent with the will's interpretation

Establishes as Maryland state policy the opposition to and alleviation of racial health disparities, and encouragement of gifts and bequests to address such disparities

Applies retroactively to wills probated on or after October 1, 2021, with an effective date of October 1, 2025