Will contest is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the party who made the will) or that the will is otherwise invalid. Will contests generally focus on the assertion that the testator lacked testamentary capacity, was operating under an insane delusion, or was subject to undue influence or fraud. A will may be challenged in its entirety or in part.

Who has standing to contest will?

  • Those who are named on the face of the will (any beneficiary);

  • Those who would inherit from the testator if the will was invalid

Grounds to contest will:  the most commons grounds, reasons for will contest are:

  • Lack of disposing mind and memory

  • Undue influence

  • Insane delusion

  • Duress

  • Fraud

  • Technical flaws

Over the course of his legal practice Mr. Payne has been involved in complex will contest cases, including the following:

  • Matter of the Estate of Miller 178 P.3d.767, 122 Nev. 46 (Nev. 2006); 216 P. 3d 239 (Nev. 2009)

  • Matter of the Estate of Prestie, 138 P.3d 520 (Nev. 2006)

  • Matter of the Estate of Bowlds, 102 P.3d 593 (Nev. 2004)

  • Trial counsel for the Matter of Jane Tiffany Living Trust 177 P.3d 1060 (Nev. 2008).

WILL CONTEST