A will is a critical device through which a testator directs the disposition of assets upon his or her death. Generally, a testator may distribute assets under his or her will as desired. When construing a will, the court aims to give effect to these intentions as expressed in the will. But, for the court to give effect to the testator’s intentions, the testator must have ensured that his or her will complies with Nevada law regarding the execution of wills. In other words, a will that fails to comply with Nevada law regarding the execution of wills is invalid. The court will not admit an invalid will to probate and such assets subject to probate will pass according to Nevada’s intestate succession scheme.

Overview of Statutory Requirements

While a testator may distribute his or her assets in a manner of his or her choosing, the power to make wills is granted solely by statute and subject to the limitations of statute. In Nevada, these requirements are set forth in Chapter 133 of the Nevada Revised Statutes. Specifically, the will must be in writing, signed by the testator, and attested to by two witnesses, who subscribe their names to the will in the presence of the testator.

The will is only valid if each element is satisfied. For example, even if the will is in writing and signed by the testator, the will is not valid unless it was properly witnessed. This means that a testator cannot draft and sign a will, only to bring the singed will to second location to be “witnessed.” An oral or unsigned will would also be invalid, even if two witnesses can attest to such a “will.”

The requirements of the law are not necessarily intuitive, which is why it makes sense to consult with an attorney when engaging in estate planning. A will that fails to comply with Nevada law, even if the oversight is unintentional, could draw a will contest and result in the estate passing through intestacy.

Holographic Wills

Nevada recognizes holographic wills, which is a will in the decedent’s handwriting. A holographic will is a will where the signature, date, and material provisions are in the testator’s handwriting. While a holographic will is not required to be witnessed, careful adherence to the requirements of the law is essential. To illustrate, if all the material terms are not in the testator’s handwriting, the court could deem the holographic will partially or completely invalid.

Intestacy

The court will not admit the will to probate if it fails to conform with the law. As such, even if the will represents a good faith attempt by the decedent to comply with the law, or the will reflects the decedent’s probable intent, the decedent’s estate would pass according to Nevada’s law of intestate succession. This means that the decedent’s estate would be distributed to certain family members, depending on their relationship to the decedent.

Conclusion

In conclusion, it is very important to make sure that your will conforms to the law. Doing so will increase the chances that your will provides for the desired distribution of your assets to your intended beneficiaries.