Last Will and Testament for Divorced person not Remarried with Minor Children
Note: This summary is not intended to be an
all-inclusive summary of the law of wills in Nevada, but does contain basic
and other provisions. Handwritten wills and wills where the testator cannot
sign his or he name are not discussed.
Who may make a will: Every person of sound mind, over the
age of 18 years, may, by last will, dispose of all his or her estate, real
and personal, the same being chargeable with the payment of the testator's
debts. 133.020
Valid wills: A will shall be in writing and signed
by the testator, and attested by at least two competent witnesses who subscribe
their names to the will in the presence of the testator. 133.040
Disposition of certain tangible personal property by reference
to list or statement; requirements:
1. Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise
specifically disposed of by the will, other than money, evidences of indebtedness,
documents of title, securities and property used in a trade or business.
2. To be admissible as evidence of the intended disposition,
the statement or list must contain:
(a) The date of its execution.
(b) A title indicating its purpose.
(c) A reference to the will to which it relates.
(d) A reasonably certain description of the items to be disposed
of and the names of the devisees.
(e) The testator's signature.
3. The statement or list may be:
(a) Referred to as a writing to be in existence at the time of
the testator's death.
(b) Prepared before or after the execution of the will.
(c) Altered by the testator after its preparation.
(d) A writing which has no significance apart from its effect upon
the dispositions made by the will. 133.045
Attesting witnesses may sign self-proving affidavits to be attached
to will: Any or all of the attesting witnesses to any will may sign
an affidavit before any person authorized to administer oaths in or out
of the state, stating such facts as they would be required to testify to
in court to prove the will. The affidavit must be written on the will or,
if that is impracticable, on some paper attached thereto. The sworn statement
of any witness so taken must be accepted by the court as if it had been
taken before the court. The form you have found contains the approved
affidavit. 133.050
Devise to subscribing witness: All
devises in a will to a subscribing witness are void unless there are two
other competent subscribing witnesses to the will. 133.060
Creditors as witnesses: A mere charge on the
estate of the testator for the payment of debts shall not prevent his creditors
from being competent witnesses to his will. 133.070
Foreign execution:
1.
If in writing and subscribed by the testator, a last will and testament
executed outside this state in the manner prescribed by the law, either
of the state where executed or of the testator's domicile, shall be deemed
to be legally executed, and is of the same force and effect as if executed
in the manner prescribed by the law of this state.
2. This section must be so interpreted
and construed as to effectuate its general purpose to make uniform the
law of those states which enact it. 133.080
Revocation by marriage; effect upon rights of surviving spouse:
If a person marries after making a will and the spouse survives the maker,
the will is revoked as to the spouse, unless provision has been made for
the spouse by marriage contract, or unless the spouse is provided for in
the will, or in such a way mentioned therein as to show an intention not
to make such provision; and no other evidence to rebut the presumption
of revocation shall be received. 133.110
Revocation of provisions in favor of former
spouse on divorce or annulment; exceptions:
Divorce or annulment of the marriage of the testator revokes every devise,
beneficial interest or designation to serve as personal representative
given to the testator's former spouse in a will executed before the entry
of the decree of divorce or annulment unless otherwise:
1. Provided in a property or separation agreement which is approved
by the court in the divorce or annulment proceedings; or
2. Ordered by the court in the divorce or annulment proceedings, and the will takes
effect in the same manner as if the former spouse had died before the testator.
133.115
Other means of revocation:
1.A written will may only be revoked by:
(a) Burning, tearing, canceling or obliterating
the will, with the intention of revoking it, by the testator, or by some
person in the presence and at the direction of the testator; or
(b) Another will or codicil in writing, executed
as prescribed in this chapter.
2.This section does not prevent the revocation
implied by law from subsequent changes in the condition or circumstances
of the testator. 133.120
Other Sections of interest:
Vesting upon death of spouse; applicability
of chapter only to separate property. If a decedent leaves a surviving
spouse:
1. Community property with right of
survivorship vests in accordance with the right of survivorship;
2. All other community property vests as
provided in NRS 123.250; and
3. The provisions of this chapter apply
only to the separate property of the decedent. 134.010
Applicability of chapter as between spouses with premarital
agreement: The provisions of this chapter (intestate
succession and other spouse rights provisions of law) do not apply to the
extent that they are inconsistent with the provisions of a premarital agreement
which was executed by the decedent and the surviving spouse of the decedent
and which is enforceable pursuant to Nevada Law. 134.005
