In certain cases, a potential heir in Nevada may want to contest a will if they believe it should be invalidated. Though a will cannot be contested just because the heirs don’t like the contents, there are several reasons why a will can be legally contested.
A will must be signed according to the laws of the state where it was made. In Nevada, the will must be in writing and signed by the testator as well as two witnesses. These witnesses must be there with the testator as the will is signed. If it wasn’t signed properly, the will may be contested. A will contest may also occur if the testator lacked the mental or physical capacity to understand the legal ramifications of signing a will. Witness testimony or adjudication of incapacity received within days of the will being signed are typically the only ways to prove the testator didn’t have the testamentary capacity to sign the will.
Sometimes, those who stand to inherit a portion of the will unduly influence the testator. As seniors age, mental and physical health problems can make them more sensitive to the influence of others. Undue influence on the part of an individual to receive a greater portion of the inheritance makes a will contestable. Finally, a will that was signed or procured under fraud may also be invalidated.
No one likes to think of their loved ones fighting over their inheritance after they pass away. Making an estate plan according to the proper laws of the state can prevent contesting issues and offer wealth protection to heirs. An estate planning lawyer may be able to help by ensuring the will is legally drawn and signed. For example, a lawyer could have the will documents signed in the office in front of witnesses who can attest to the testator’s sound mind.