Will Contests in Nevada: Challenging the Validity of a Will
There is a deadline for a person or family member to dispute a will and question its validity, or the claim is barred. However, knowing the basis for a proper challenge is just as important as ensuring that crucial timelines are met. We use in-depth knowledge of the law and skills in probate lawsuits to achieve results.
What Is a Will Contest?
A will contest is a legal action filed in probate court challenging the validity of a will after the testator’s death. In Nevada, will contests are typically brought by heirs, beneficiaries, or other interested parties who believe the will does not reflect the true intent of the deceased or was created under improper circumstances.
A will contest does not arise simply because someone is unhappy with their inheritance. Instead, it must be based on legally recognized grounds and supported by evidence presented to the probate court.
Common Legal Grounds for a Will Contest in Nevada
You must have legal grounds supported by evidence in order for the Probate Court to consider rejecting a will. A contestant may challenge a will in Nevada on numerous grounds.
Lack of testamentary capacity: The testator did not understand the nature of their assets, heirs, or the effect of signing the will.
Undue influence: A third party exerted pressure or control over the testator, causing the will to reflect someone else’s wishes.
Fraud or forgery: The will was altered, falsified, or signed under false pretenses.
Improper execution: The will does not comply with Nevada’s statutory signing and witnessing requirements.
Revocation issues: A later will exists, or the testator revoked the will before death.
Each of these grounds requires evidence, and the burden of proof often rests on the person bringing the will contest.
Undue Influence
Undue influence is a proof that another person exercised control or coerced the testator into executing a will as a result of improper pressure exerted on him or her. Undue influence may be presumed in certain situations. A careful analysis of the circumstances surrounding the execution of the will is necessary when considering a will contest on the basis of undue influence.
Incapacity
A period will can be declared void if a person was not of sound mind when drafting the will. The fact a testator has dementia at the time an estate plan is executed is not, in and of itself, sufficient to establish a lack of testamentary capacity.
Fraudulent Circumstances
A person makes a false claim about an intended heir’s criminal wrongdoing to prevent them from their inheritance or a person makes a false promise to persuade someone to leave a bequest in their will.
The Will was not properly drafted, witnessed or executed
The legal requirements for signing the will are not met; only having one witness when two are required. Although Nevada permits holographic wills which do not require witnesses, there can still be circumstances in which the holographic will can be challenged due to its improper execution.
Time Limits for Filing a Will Contest in Nevada
Timing is critical in a will contest. Nevada law imposes strict deadlines, and missing them can permanently bar a claim.
In most cases, a will contest must be filed shortly after the will is admitted to probate and notice is provided to interested parties. Once the probate process advances, the court may limit or deny challenges that are not timely raised.
Because deadlines can vary depending on the circumstances of the estate and how notice was given, consulting a probate litigation attorney early is essential.
What Happens During a Will Contest?
A will contest is a form of probate litigation and follows a structured legal process. Typically, it involves:
- Filing a formal objection in probate court
- Exchanging financial records, medical records, and witness testimony
- Depositions of witnesses, caregivers, or drafting attorneys
- Court hearings or settlement negotiations
- A judicial determination on whether the will is valid
Depending on the complexity of the case, a will contest may resolve through settlement or proceed to trial. Courts may uphold the will, invalidate it entirely, or reinstate a prior valid will.
A will contest can be a complex and emotionally charged process, particularly when family relationships and significant assets are involved. Nevada probate courts apply strict legal standards, deadlines, and evidentiary rules when determining whether a will reflects the true intent of the deceased.
Understanding the grounds for challenging a will, the timing requirements, and what to expect during probate litigation is essential before taking action. Whether the dispute involves concerns about capacity, undue influence, or improper execution, early legal guidance can help protect your rights and clarify your options throughout the probate process.
When you hire probate lawyers at Drizin Law to represent you during your will contest, rest assured we will aggressively represent your interests.
