Do I Automatically Lose my Inheritance by Contesting a No-Contest Will?

The Nevada courts recognize that the person who writes a no-contest provision into a will intends beneficiaries to accept the terms as written. However, the courts also understand that some individuals contesting a will in Las Vegas, or anywhere in the state, may do so based on concerns about the validity of the will.

The Contests of Wills legislation in Nevada compels the courts to enforce a no-contest clause. Therefore, if you attempt to contest the will for trivial reasons — such as believing you deserve a greater inheritance than someone else named in the will — you could potentially lose your inheritance. On the other hand, the courts do not reduce or eliminate your inheritance if you contest the will for justifiable reasons, for example:

• To enforce the terms of the will
• To enforce your legal rights in the probate proceeding
• To obtain a court ruling  regarding the structure or legal effect of the will

An important factor in preserving your rights involves demonstrating good faith concerns based on probable cause. You potentially stand to lose a great deal, if the courts do not believe that a reasonable person would come to the same conclusions. If you believe you have grounds to contest a no-contest will, it is important to consult with experienced Las Vegas wills lawyer, who can help determine the likely outcome for your case.

With more than three decades of experience assisting clients with all aspects of the probate process, Tyrell Law, PLLC has the legal knowledge necessary to accurately assess the prospects for will contests, and to help clients assemble the detailed evidence necessary for an effective case. Contact us to learn how we can help you.