Who can witness your Nevada will?

On Behalf of | Jan 17, 2023 | Estate Planning

A will allows you to specify how you would want your estate to be distributed when you die. And by taking the guesswork out of your wishes, you get to eliminate potential conflicts that might complicate the probate process.

However, for your Nevada will to be legally binding and, thus, enforceable, it must meet certain conditions. One of these is to ensure that your will is properly witnessed.

Why your will must be witnessed

In witnessing the will, your witness confirms the following:

  • That the will in question was written and signed by you
  • That your signature isn’t forged
  • That you were not manipulated, tricked or coerced into signing the will
  • That you were mentally sound (had the testamentary capacity) at the time of signing the will

So, who can witness your will?

Per Nevada laws, a will must be witnessed by two people who must also append their signatures on the document. However, the individual you designate to witness your will must meet these two basic requirements:

  • They must be adults of sound mind
  • They must not have any direct interest in your will

Here are some of the people you can approach to witness your will:

  • Trusted friends who are not set to benefit from your estate in any way
  • Your neighbor
  • Your co-workers
  • Your minister
  • Relatives who are not beneficiaries of your estate such as your uncle, cousin, aunt

Protecting your interests

A will is your mouthpiece when you are no longer around to speak for yourself. Without one, Nevada intestacy laws would dictate how your assets are distributed. However, for your will to be valid, it must be witnessed by two competent adults. Find out how you can create a will that can stand the test of time and probate.