Legal Question in Wills and Trusts in Nevada

Re: living wills

Unless he was mentally incompetent he can change his will. You would have to show the court that he was incompetent mentally. Demential has various degrees. This does not mean he is incompetent as long as he changed his will freely and voluntarily and knew what he was doing.

Re: living wills

Unless he was mentally incompetent he can change his will. You would have to show the court that he was incompetent mentally. Demential has various degrees. This does not mean he is incompetent as long as he changed his will freely and voluntarily and knew what he was doing.

Re: living wills

There are two items that need to be addressed here.

The first is was he aware of and understood the effects of his the changes? Even if he had mental issues and suffered from such a disease if he was able to understand the implications of his changes and did them willingly then the changes are legal. You would need to establish that he was incapable of making and understanding the changes in order to negate them.

You also can attack the changes on the concept of undue influence. This is where a person exerts such an influence on the testator that the changes would not have been made without this persons interference. If the person that you are claiming does not benefit, even indirectly from the influence, then you will have a substantial problem to overcome in order to prove this.