Oral Wills/Bequests Are Not Effective in Nevada

Oral Wills/Bequests Are Not Effective in Nevada

You’ve often heard the phrase: “If its not in writing it isn’t legal.” This is not always the case, but in the case of bequests upon death, it is.

Nevada is one of many jurisdictions that follows the written will rule. A valid will in Nevada has certain formalities that must be followed or the grandfather clock that grandma said was yours, is not.

The first and most important rule is that the will must be written down. Oral wills, also called "nuncupative wills," are not accepted and not effective. This means if someone speaks their wishes out loud before they die, but never writes them down, those wishes will not be legally followed. This has a real impact on peoples hearts, but understand that a Court of any state is tasked with knowing, not guessing. A Judge cannot know that grandma meant for the grandfather clock to go to you just because she said it, the Judge needs it in writing. There are many policy reasons for this. A simple example is that grandma could not have been of sound mind on her deathbed. She could have orally given it to anyone that walked in the room. This becomes real when more than one person says, “but she promised it to me!”

A written will helps to avoid confusion after death. It shows clearly what the person wanted to happen with their money, property, and personal items. If a will is only spoken, there is no actual proof of what the person said or meant. Moreover, people may remember things differently, and arguments can happen.

To make a valid written will in Nevada, the person must meet these basic rules:

1. They person must be at least 18 years old.
2. They must be of sound mind - this means they understand what they own and who they want to leave it to.
3. The will must be in writing.
4. It must be signed by the person making the will (called the "testator").'
5. It must be signed by two witnesses who are not receiving anything from the will.

There is also something called a “holographic will.” This is a handwritten will. It does not need witnesses, but the person must write it all by hand and sign it. Even then, it must still follow legal rules. These are easily challenged and have many pitfalls, especially when someone has more than one draft or has more than one holographic will.

Because of these laws, if someone only says what they want before they die, without writing it down or following the legal steps, their wishes will not count. This can cause problems for family and friends. The court will follow Nevada's laws about who gets what, as written in any estate, not what the person said.

To be safe, it is always best to make a written will or, in most cases a trust, with the help of a lawyer. That way, your wishes are clear and legal. It also makes things easier for the people you leave behind.