Can a Person Make Changes to a Will by Adding Revisions and Initialing Them?
Full Question:
Answer:
Whether the changes to the will will be upheld or not depends in part on when the changes were made and whether the witnesses also initialed the changes. Generally, any changes made after an original will is signed and witnessed, such as in a codicil, are subject to the same requirements as the original will, meaning the will maker's signature and those of two witnesses are required.
Certain assets are not included as part of a person's estate and may pass outside of probate, such as transfer on death accounts or property owned by joint tenants which passes under a right of survivorship when one tenant dies. A bank account naming a beneficiary is generally a transfer on death asset that is not included as part of the probate estate that is governed by a will. It will pass directly to the named beneficiary.
Please see the following NV statutes:
NRS 133.040 Valid wills: Requirements of writing, subscription, witnesses
and attestation.
No will executed in this State, except such electronic wills or
holographic wills as are mentioned in this chapter, is valid unless it is
in writing and signed by the testator, or by an attending person at the
testator's express direction, and attested by at least two competent
witnesses who subscribe their names to the will in the presence of the
testator.
NRS 133.045 Disposition of certain tangible personal property by reference
to list or statement; requirements.
1. Whether or not the provisions relating to electronic wills and
holographic wills apply, a will may refer to a written statement or list,
including, without limitation, a written statement or list contained in an
electronic record, 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 handwritten signature or electronic 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.
NRS 133.120 Other means of revocation.
1. A written will may only be revoked by:
(a) Burning, tearing, cancelling 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.