Wednesday, February 3, 2016

Proper Execution of a Last Will and Testament


This past year our probate department reviewed numerous Wills that were not executed or signed properly.  In some cases, through affidavits from the subscribing witnesses, we were able to correct some of these errors and admit the Wills to probate.  Unfortunately, in other cases, the problems were not able to be fixed. Most of these errors were from Wills that were not prepared by an attorney.  Once a person is deceased, errors in the execution of a Will cannot always be corrected.  This can result in complete devastation, with assets being distributed to persons that were not intended by the decedent. 

The Nevada requirements for the execution of a Will are set forth in the Nevada Revised Statutes Chapter 133. These requirements must be followed with exactness.  One missing word can be the difference between a valid Will and an invalid Will.  The requirements are not difficult; however, to someone who is not an attorney, the requirements are easy to miss.  We have found that there are many incorrect Will forms floating around on the internet and are not worth the paper they are written on.

If you have questions regarding the validly of your Will, contact an attorney and they will be able to quickly tell you whether your Will is properly executed.


2 comments:

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