Contesting a Will in Nevada: Capacity, Handwriting, and Undue Influence

Are you thinking about contesting a will in Nevada? Let's break down the three main ways to challenge a will's validity.

While understanding these basics is helpful, contesting a will is a complex legal territory requiring professional guidance.

Mental Capacity Challenges

The first and most common way to contest a will is by proving the person who wrote it (the testator) lacked mental capacity when creating or signing it.

This isn't as simple as showing someone is elderly or forgetful. You'll need medical evidence from doctors and proof of their mental state, specifically when signing.

For example, if someone with advanced dementia suddenly changes their will, you might have grounds to challenge based on mental capacity.

However, this requires strong medical evidence and expert testimony - it's not enough to say "they weren't thinking clearly."

Common evidence needed for capacity challenges:

• Medical records from the time of signing

• Doctor testimony about mental state

• Witness accounts of behavior

• Documentation of cognitive decline

Handwritten Will Authentication

When dealing with a holographic will (handwritten by the deceased), you can contest it if you believe the handwriting isn't genuine.

This process requires affidavits from people familiar with the person's handwriting and often involves handwriting experts.

Think of this as proving that a signature on a check isn't yours - you need people who know your handwriting to verify it.

Undue Influence by Caretakers

The most complex ground for contesting a will is undue influence, particularly involving caretakers. This happens when someone uses their position of trust to pressure or manipulate the testator into changing their will.

Red flags include a caretaker receiving most assets, recent changes benefiting them, or isolation from family members.

The Process

Contesting a will takes time and careful preparation. You'll need to file formal objections, present substantial evidence, and likely attend multiple hearings.

The process can take months or even years, depending on the complexity of your case and the evidence available.

Prevention Tips

If you're creating a will and want to prevent future contests, consider getting a medical evaluation before signing if there are any capacity concerns and video recording the signing process.

Using witnesses not named in the will also helps strengthen its validity.

Need to discuss contesting a will? Schedule a consultation with our team to evaluate your case.