[Rev. 11/21/2013 9:44:56 AM--2013]

CHAPTER 133A - INTERNATIONAL WILLS (UNIFORM ACT)

GENERAL PROVISIONS

NRS 133A.010        Short title.

NRS 133A.020        Definitions.

NRS 133A.030        “Authorized person” defined.

NRS 133A.040        “International will” defined.

INTERNATIONAL WILLS

NRS 133A.050        Validity.

NRS 133A.060        Requirements.

NRS 133A.070        Additional requirements.

NRS 133A.080        Certificate.

NRS 133A.090        Effect of certificate.

NRS 133A.100        Revocation.

MISCELLANEOUS PROVISIONS

NRS 133A.110        Source and construction.

NRS 133A.120        Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency.

_________

GENERAL PROVISIONS

      NRS 133A.010  Short title.  This chapter may be cited as the Uniform International Wills Act.

      (Added to NRS by 2009, 248)

      NRS 133A.020  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 133A.030 and 133A.040 have the meanings ascribed to them in those sections.

      (Added to NRS by 2009, 248)

      NRS 133A.030  “Authorized person” defined.  “Authorized person” and “person authorized to act in connection with international wills” mean a person who, by NRS 133A.120 or by the laws of the United States, including members of the diplomatic and consular service of the United States designated by Foreign Service Regulations, is empowered to supervise the execution of international wills.

      (Added to NRS by 2009, 248)

      NRS 133A.040  “International will” defined.  “International will” means a will executed in conformity with NRS 133A.050 to 133A.080, inclusive.

      (Added to NRS by 2009, 248)

INTERNATIONAL WILLS

      NRS 133A.050  Validity.

      1.  A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will complying with the requirements of this chapter.

      2.  The invalidity of the will as an international will does not affect its formal validity as a will of another kind.

      3.  This chapter does not apply to the form of testamentary dispositions made by two or more persons in one instrument.

      (Added to NRS by 2009, 249)

      NRS 133A.060  Requirements.

      1.  The will must be made in writing. It need not be written by the testator. It may be written in any language, by hand or by any other means.

      2.  The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is the testator’s will and that he or she knows the contents thereof. The testator need not inform the witnesses, or the authorized person, of the contents of the will.

      3.  In the presence of the witnesses, and of the authorized person, the testator shall sign the will or, if the testator has previously signed it, shall acknowledge his or her signature.

      4.  When the testator is unable to sign, the absence of his or her signature does not affect the validity of the international will if the testator indicates the reason for his or her inability to sign and the authorized person makes note thereof on the will. In these cases, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator, to sign the testator’s name for the testator, if the authorized person makes note of this also on the will, but it is not required that any person sign the testator’s name for the testator.

      5.  The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.

      (Added to NRS by 2009, 249)

      NRS 133A.070  Additional requirements.

      1.  The signatures must be placed at the end of the will. If the will consists of several sheets, each sheet must be signed by the testator or, if the testator is unable to sign, by the person signing on his or her behalf or, if there is no such person, by the authorized person. In addition, each sheet must be numbered.

      2.  The date of the will must be the date of its signature by the authorized person. That date must be noted at the end of the will by the authorized person.

      3.  The authorized person shall ask the testator whether he or she wishes to make a declaration concerning the safekeeping of the will. If so, and at the express request of the testator, the place where the testator intends to have the will kept must be mentioned in the certificate provided for in NRS 133A.080.

      4.  A will executed in compliance with NRS 133A.060 is not invalid merely because it does not comply with this section.

      (Added to NRS by 2009, 249)

      NRS 133A.080  Certificate.  The authorized person shall attach to the will a certificate to be signed by him or her establishing that the requirements of this chapter for valid execution of an international will have been complied with. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate must be in substantially the following form:

 

CERTIFICATE

(Convention of October 26, 1973)

       I, __________ (name, address and capacity), a person authorized to act in connection with international wills, certify that on __________ (date) at __________ (place), __________ (testator name, address, date and place of birth), in my presence and that of the witnesses:

       (a) __________ (name, address, date and place of birth); and

       (b) __________ (name, address, date and place of birth),

has declared that the attached document is his or her will and that he or she knows the contents thereof.

       I furthermore certify that:

       (a) In my presence and in that of the witnesses:

                   (1) The testator has signed the will or has acknowledged his or her signature previously affixed.

                   *(2) Following a declaration of the testator stating that he or she was unable to sign his or her will for the following reason, __________, I have mentioned this declaration on the will *and the signature has been affixed by __________ (name and address).

       (b) The witnesses and I have signed the will.

       *(c) Each page of the will has been signed by __________ and numbered.

       (d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above.

       (e) The witnesses met the conditions requisite to act as such according to the law under which I am acting.

       *(f) The testator has requested me to include the following statement concerning the safekeeping of his or her will:

__________

PLACE OF EXECUTION

DATE

SIGNATURE and, if necessary, SEAL

*To be completed if appropriate

 

      (Added to NRS by 2009, 249)

      NRS 133A.090  Effect of certificate.  In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under this chapter. The absence or irregularity of a certificate does not affect the formal validity of a will under this chapter.

      (Added to NRS by 2009, 250)

      NRS 133A.100  Revocation.  An international will is subject to the ordinary rules of revocation of wills.

      (Added to NRS by 2009, 250)

MISCELLANEOUS PROVISIONS

      NRS 133A.110  Source and construction.  NRS 133A.020 to 133A.100, inclusive, derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this chapter, regard must be given to its international origin and to the need for uniformity in its interpretation.

      (Added to NRS by 2009, 250)

      NRS 133A.120  Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency.  Persons who have been admitted to practice law before the courts of this State and who are in good standing as active law practitioners in this State are hereby declared to be authorized persons in relation to international wills.

      (Added to NRS by 2009, 250)