You must be at least 18 years old to create a valid will in Nevada. Additionally, you must be of sound mind and fully aware of the consequences of your decisions.
If someone doubts your mental condition at the time you created your will, they may be able to raise a will challenge on the grounds of lack of testamentary capacity.
What does testamentary capacity mean?
It is a legal term that refers to the mental capability of an individual (the testator) to create or alter a will.
Testamentary capacity requires the testator to understand the nature and extent of their property and recognize the natural beneficiaries of their estate. Further, it requires them to understand the implications of their decisions regarding asset distribution.
How can a testator prove they are of sound mind?
There are steps you can take to establish testamentary capacity during your lifetime. Consider taking them when creating, revising or updating your will. These include the following:
- Gather recent documentation from health care providers attesting to your mental capacity when you created the will.
- Obtain statements from individuals who interacted with you during the will’s creation and can provide insight into your mental state.
- Create a self-proving affidavit in which witnesses attest to your mental capacity and the proper execution of the will.
Adding these documents to your estate plan can show the court you knew what you were doing when creating your will if someone raises a challenge.
Proving capacity can help your loved ones feel secure in knowing that your will truly reflects your final wishes. Having experienced legal guidance will help you take any necessary steps to guard your will decisions.