HB1345 • 2026

Maryland Trust Act - In Terrorem Clause - Void

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Delegates Cardin and Taylor
Last action: 2026-05-12
Official status: Approved by the Governor - Chapter 502
Effective date: 2026-07-01

Plain English Breakdown

The official source material did not provide additional details beyond what is included in the summary.

Maryland Trust Act - In Terrorem Clause Void

This law makes certain clauses in trusts that punish people for contesting the trust or taking legal action against it invalid under specific conditions.

What This Bill Does

Adds a new section to Maryland's Estates and Trusts laws, stating that if there is probable cause for someone to challenge a trust, any clause in the trust that punishes them for doing so is not valid.

Who It Names or Affects

People who create trusts in Maryland
Individuals involved in trust disputes

Terms To Know

In terrorem clause: A part of a trust that stops someone from challenging the trust by threatening them with penalties.

Limits and Unknowns

The law only applies to cases and actions after July 1, 2026.
It does not change how trusts were handled before this date.

Bill History

2026-05-12 Post Passage
Approved by the Governor - Chapter 502
2026-04-10 Senate
Favorable Report by Judicial Proceedings
2026-04-01 House
Returned Passed
2026-03-26 Senate
Third Reading Passed (46-0)
2026-03-24 Senate
Hearing 4/02 at 1:00 p.m.
2026-03-23 Senate
Favorable Adopted
2026-03-23 Senate
Second Reading Passed
2026-03-18 House
Favorable Report by Judiciary
2026-03-11 House
Hearing canceled
2026-03-11 House
Hearing 3/11 at 1:30 p.m.
2026-03-11 House
Hearing canceled
2026-03-11 House
Hearing 3/11 at 2:00 p.m.
2026-03-05 House
Third Reading Passed (132-0)
2026-03-04 House
Favorable Adopted Second Reading Passed
2026-03-03 Senate
Referred Judicial Proceedings
2026-02-16 House
Hearing 3/11 at 1:00 p.m.
2026-02-12 House
First Reading Judiciary
Maryland General Assembly
Text - First - Maryland Trust Act - In Terrorem Clause - Void
Maryland General Assembly
Vote - House - Committee - Judiciary
Maryland General Assembly
Text - Third - Maryland Trust Act - In Terrorem Clause - Void
Maryland General Assembly
Vote - Senate - Committee - Judicial Proceedings
Maryland General Assembly
Text - Chapter - Maryland Trust Act - In Terrorem Clause - Void

Official Summary Text

Establishing that, under the Maryland Trust Act, a certain in terrorem clause contained in a trust is void under certain circumstances.

Current Bill Text

Read the full stored bill text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1345*

HOUSE BILL 1345
N2 6lr2421

By: Delegates Cardin and Taylor
Introduced and read first time: February 12, 2026
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: March 4, 2026

CHAPTER ______

AN ACT concerning 1

Maryland Trust Act – In Terrorem Clause – Void 2

FOR the purpose of establishing that, under the Maryland Trust Act, a certain in terrorem 3
clause contained in a trust is void under certain circumstances ; and generally 4
relating to the Maryland Trust Act. 5

BY adding to 6
Article – Estates and Trusts 7
Section 14.5–113 8
Annotated Code of Maryland 9
(2022 Replacement Volume and 2025 Supplement) 10

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12

Article – Estates and Trusts 13

14.5–113. 14

IF PROBABLE CAUSE EXISTS FOR INSTITUTING PROCEEDINGS, A PROVISION IN 15
A TRUST PURPORTING TO PENALIZE AN INTERESTED PERSON FOR CONTESTING THE 16
TRUST OR INSTITUTING OTHER PROCEEDINGS RELATING TO THE ESTATE IS VOID. 17

2 HOUSE BILL 1345

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 1
apply only prospectively and may not be applied or interpreted to have any effect o n or 2
application to any cause of action arising before the effective date of this Act. 3

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 4
1, 2026. 5

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.