LAW 262- LEGAL RESEARCH II

STATUTE: Section 30-1-6 Nuncupative Wills A, A Nuncupative Will may be made only by a person in imminent peril of death and shall be valid only if the testator (the person making the Will) does indeed die of the impending peril, and must be:

1. Declared to be his last Will by the Testator before two disinterested witnesses. 2. Reduced to writing by or under the direction of one of the witnesses within 30 days after such a declaration is made. 3. Submitted for probate within 6 months after the death of the Testator. B. The Nuncupative Will may dispose of personal property only, and to an aggregate value not to exceed One Thousand dollars ($1,000.00). C. A Nuncupative Will does not revoke an existing written Will. Such written Will is changed only to the extent necessary to give effect to the provisions of the Nuncupative Will, such as a changing of beneficiary or a gift, or a changing of Executor. Basically, a Nuncupative Will can amend but not revoke an existing written Will.

Questions: 1. Define "Nuncupative Will." 2. Define "disinterested witness." 3. Based upon the statute, break out and list the elements that are required to write a valid Nuncupative Will. Remember "valid" means "enforceable." 4. Scenario A: Mr. Lang, on his deathbed, writes his Will on a piece of notebook paper, signs it and delivers it to his sister for safekeeping. Does the statute govern the validity of this Will? Why or why not? 5. Scenario B: Larry, on his deathbed, declares that it is his Will and that he wants everything he owns to go to his girlfriend, Beth. There are 3 witnesses---Beth, his sister, Mary, and the next-door neighbor, Tom. Tom is in an adjoining room. The door to the adjoining room is open. Tom hears what Larry is saying. (Assume for this example that the Will is reduced to writing within 30 days and submitted for probate within 6 months).

a. Is this a valid Will under the Statute cited above? b. What potential problems do you see? c. What additional information may be necessary? d. If this Will was deemed valid, and Larry had a previous written Will, what impact will this Nuncupative Will have on the written Will that left everything to family members? e. Assume that Larry has a home, furnishings, and vehicles. What things will be distributed through this Nuncupative Will, if it is deemed valid? 6. Examine the requirements for a valid Will in the Nevada Revised Statutes (NRS). Would Scenario A hold up as a valid Will (This would be called a "Holographic Will"). Why or why not? -List the reasons. 7. Would the Will in Scenario B hold up as a valid Will under Nevada law? Why or why not?List the reasons.

8. Assume that the Will described in Scenario B is a written Will with no deathbed declarations. Would this Will hold up as a valid written Will under Nevada law? Why or why notList the reasons