Recently, this Henderson-based legal blog provided a post on undue influence during the creation of a will and its effect on probate litigation. When a person is threatened, coerced or otherwise manipulated into creating a will that does not reflect their testamentary intentions, others may challenge that will’s legitimacy during the probate process. This post will discuss other ways that wills can be challenged by those who may benefit from them and others.
One of the most basic Nevada grounds on which a will may be challenged is if it lacks some or all of the legal requirements for being a will in Nevada. For example, if the will is not signed, or is not attested to by witnesses, it may be deficient in some or all of its legal requirements. Deficient wills may be set aside by probate courts.
Additionally, a will that was created by a person who lacked testamentary capacity may also be thrown out. A person with testamentary capacity understands what their will may accomplish and the value of the assets that are contained in their end-of-life estate. If a person cannot or does not understand these and other important facts about creating, a will then they may be found to have lacked testamentary capacity.
Finally, a will may be set aside if it is discovered that the will creator had more than one will. Regardless of how it happens, a will challenge can slow down probate and create confusion for families as they sort out their loved ones’ end of life estates.