Last Will Testament

Note: This summary is not intended to be an all-inclusive summary of the law of wills in Nevada, but does contain basic and other provisions. Handwritten wills and wills where the testator cannot sign his or he name are not discussed.

Who may make a will: Every person of sound mind, over the age of 18 years, may, by last will, dispose of all his or her estate, real and personal, the same being chargeable with the payment of the testator's debts. 133.020

Valid wills: A will shall be in writing and signed by the testator, and attested by at least two competent witnesses who subscribe their names to the will in the presence of the testator. 133.040

Disposition of certain tangible personal property by reference to list or statement; requirements:
1. Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.

2. To be admissible as evidence of the intended disposition, the statement or list must contain:

(a) The date of its execution.

(b) A title indicating its purpose.

(c) A reference to the will to which it relates.

(d) A reasonably certain description of the items to be disposed of and the names of the devisees.

(e) The testator's signature.

3. The statement or list may be:

(a) Referred to as a writing to be in existence at the time of the testator's death.

(b) Prepared before or after the execution of the will.

(c) Altered by the testator after its preparation.

(d) A writing which has no significance apart from its effect upon the dispositions made by the will. 133.045

Attesting witnesses may sign self-proving affidavits to be attached to will: Any or all of the attesting witnesses to any will may sign an affidavit before any person authorized to administer oaths in or out of the state, stating such facts as they would be required to testify to in court to prove the will. The affidavit must be written on the will or, if that is impracticable, on some paper attached thereto. The sworn statement of any witness so taken must be accepted by the court as if it had been taken before the court. The form you have found contains the approved affidavit. 133.050

Devise to subscribing witness: All devises in a will to a subscribing witness are void unless there are two other competent subscribing witnesses to the will. 133.060

Creditors as witnesses: A mere charge on the estate of the testator for the payment of debts shall not prevent his creditors from being competent witnesses to his will. 133.070

Foreign execution:
1. If in writing and subscribed by the testator, a last will and testament executed outside this state in the manner prescribed by the law, either of the state where executed or of the testator's domicile, shall be deemed to be legally executed, and is of the same force and effect as if executed in the manner prescribed by the law of this state.
2. This section must be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. 133.080

Revocation by marriage; effect upon rights of surviving spouse: If a person marries after making a will and the spouse survives the maker, the will is revoked as to the spouse, unless provision has been made for the spouse by marriage contract, or unless the spouse is provided for in the will, or in such a way mentioned therein as to show an intention not to make such provision; and no other evidence to rebut the presumption of revocation shall be received. 133.110

Revocation of provisions in favor of former spouse on divorce or annulment; exceptions: Divorce or annulment of the marriage of the testator revokes every devise, beneficial interest or designation to serve as personal representative given to the testator's former spouse in a will executed before the entry of the decree of divorce or annulment unless otherwise:
1. Provided in a property or separation agreement which is approved by the court in the divorce or annulment proceedings; or
2. Ordered by the court in the divorce or annulment proceedings, and the will takes effect in the same manner as if the former spouse had died before the testator. 133.115

Other means of revocation:
1.A written will may only be revoked by:
(a) Burning, tearing, canceling or obliterating the will, with the intention of revoking it, by the testator, or by some person in the presence and at the direction of the testator; or
(b) Another will or codicil in writing, executed as prescribed in this chapter.
2.This section does not prevent the revocation implied by law from subsequent changes in the condition or circumstances of the testator. 133.120

Other Sections of interest:

Vesting upon death of spouse; applicability of chapter only to separate property. If a decedent leaves a surviving spouse:
1. Community property with right of survivorship vests in accordance with the right of survivorship;
2. All other community property vests as provided in NRS 123.250; and
3. The provisions of this chapter apply only to the separate property of the decedent. 134.010

Applicability of chapter as between spouses with premarital agreement: The provisions of this chapter (intestate succession and other spouse rights provisions of law) do not apply to the extent that they are inconsistent with the provisions of a premarital agreement which was executed by the decedent and the surviving spouse of the decedent and which is enforceable pursuant to Nevada Law. 134.005