A will is a legal document, and as such, anyone creating or executing one must follow specific legal rules. Understanding these rules helps to ensure you create a will that the court will uphold after death. To be valid, a Nevada will must be witnessed, created when a person is fully cognizant of what they are doing, and probably understood. Several factors ultimately determine whether a will is valid or open to challenge. Here is what you should know, as explained by an experienced Las Vegas will and trust contests attorney.
Critical Requirements for a Will in Nevada
Nevada law (NRS Chapter 137) sets several specific requirements that a will must meet to be valid. This is an overview of those rules, but it does not mean the court will automatically accept the will as valid. Your starting point in building a recognized will includes:
- It must be a written document. The court does not accept a video will as a valid document. It must be in writing, either handwritten or typed out.
- Capacity and intent must be clear. A person must be at least 18 years of age at the time of completing the will and must be demonstrated to be of sound mind. This means they must understand the steps they are taking, the property involved in the process, and who they plan to leave those assets to. It may be clear that the testator is acting voluntarily.
- Signature: The will must be signed. If a person cannot sign the will themselves, they must direct another person to sign on their behalf. That must be legally communicated.
- Witnessed: In Nevada, at least two people must witness the signing of a will. These must be two competent parties who are not interested in the will’s outcome because they do not inherit, and they must sign the will in front of the testator.
If any of these areas have grey areas, that opens the door for others to file a dispute. The court may also be less likely to approve decisions when these rules are violated. If you are creating a will, it is in your best interest to ensure it validates all of these requirements.
What Makes a Will Invalid in Nevada
Some factors can work against the will, making it invalid and preventing the probate court from upholding it. Many factors can contribute to invalidation. The most common issues associated with wills include any of the following:
- Creating a new will without adding stipulations that revoke the old one. A new will cannot sit alongside an old will. One must revoke the other.
- Not documenting that a person is of sound mind at the time of creating or signing the will.
- Any evidence that someone other than the testator created or signed the will inaccurately.
If there are questions related to the validity of a will, the court will investigate. This also invites challenges to the will, leading them to question its validity. This opens the door for complex concerns down the road.
Seeking Legal Guidance Can Make an Incredible Difference
Numerous factors can put a will in question. With the guidance of a Las Vegas probate attorney, you minimize the risk of the will being inaccurate, lacking, or invalid.