The basic requirements for a valid will in Nevada are simple. The will must be in writing. The person making the will must 18 years or older, have a sound mind, and must know that he or she is disposing of property and things of value. The maker must act out of their free choice and sign the will in the presence of witnesses.
The witnesses must know that the event is the signing of a last will and testament. The witnesses must sign, and not have an interest in the will. With the help of probate lawyer in Las Vegas, the signing can be done in the presence of a notary, with sworn statements, and become a self-proving will under Nevada law.
What is an Invalid Will?
An invalid will is one that lacks one or more of the requirements. The fault may be on the face of the will, but if not, it must be proven. The items below describe invalid wills in Nevada.
- Undue Influence invalidates a will; the law requires that the testator act of his or her free will. If some person uses influence that overcomes the testators will then the will is invalid.
- Lack of Capacity involves the mental state of the testator. The will is invalid if facts can show that he or she was not competent or temporarily under a disability that interfered with normal judgment and understanding. The testator must know he or she is disposing of property.
- Invalid Execution occurs when the signing of the will was improper. For example, if one or witnesses had an interest in the will, or did not see the testator sign, then the witness requirement fails.
There is an exception in Nevada law for wills written in the testator’s hand. These handwritten or holographic wills can be valid if shown to be authentic. The law does not require formalities of witnesses and signatures. Family members and others with standing to challenge can contest the handwritten will
Contesting a Will
A faulted will can pass through probate if no one with standing objects and the court lacks the facts or evidence to find it on its own. Nevada law recognizes no contest or in terrorem clauses, but they will not bar a contestant that brings a claim in good faith.
The Nevada law of wills is complex, and many issues require consultation with a knowledgeable and experienced probate lawyer in Las Vegas. The law offices of Sean Tanko provide expert advice and assistance with all aspects of Nevada Wills and probate. Please call or visit online today.