Will Anti-Lapse and Substitute Gifts in Nevada
At a glance
| Instruments and gifts covered | Will beneficiary's property, share, or beneficial interest (§ 133.200). |
|---|---|
| Which devisees qualify | Beneficiary must be a descendant of the testator (§ 133.200). |
| Death or failure trigger | Beneficiary dies before the testator leaving lineal descendants (§ 133.200). |
| Descendant survival period | Beneficiary's descendants must be then living; no fixed hour count (§ 133.200). |
| Who takes and how | Then-living descendants take by right of representation on the same terms (§ 133.200). |
| Class gifts | A covered beneficiary's share or beneficial interest follows the same descendant-substitution rule (§ 133.200). |
| Failed gift and residue | Covered share passes to descendants; § 133.200 states no separate destination for an uncovered failed devise. |
| Contrary intent and survival words | A contrary provision in the will displaces substitution (§ 133.200). |
| Alternative gifts and appointments | Deceased-appointee appointment subject to § 133.200; nongeneral power may reach a deceased permissible appointee's descendant (§ 162B.325). |
| Trust and nonprobate reach | Will gift to an identified trust follows § 163.230; § 133.200 speaks of a will provision and beneficial interest. |
Requirements one by one
Who receives the share
NRS 133.200 applies if a beneficiary who is the testator's descendant dies before the testator leaving lineal descendants. The property, share, or beneficial interest goes to that beneficiary's descendants then living by right of representation, under the same terms the deceased beneficiary would have faced. The section gives no fixed hour count for survival.
Appointments and gifts to trusts
Under NRS 162B.325, an appointment to a deceased appointee is ineffective subject to § 133.200. Unless the instrument creating the power says otherwise, the holder of a nongeneral power may appoint to a descendant of a deceased permissible appointee even if the donor did not name that descendant as a permissible appointee.
NRS 163.230 permits a will gift to an identified trust whose terms are in the specified writing or earlier will. It says a revocation or termination of that trust before the testator dies causes the devise to lapse. The separate trust section does not determine whether § 133.200 substitutes descendants for a trust beneficiary.
What trips people up
The protected relationship is to the testator, not merely to the deceased beneficiary. A beneficiary's descendants receive no statutory substitute under § 133.200 unless the beneficiary was the testator's descendant and died before the testator leaving lineal descendants. A contrary will provision can change the result.
Common questions
Does the statute require descendants to survive an extra 120 hours? NRS 133.200 requires descendants who are "then living" but gives no fixed survival-hour period.
Does the rule set a special destination for every failed residuary share? NRS 133.200 directs a covered beneficiary's share to descendants on the same terms; it does not set a separate destination for an uncovered failed gift.
Statutes and sources
- NRS 133.200, 162B.325, and 163.230. The source fields above contain official section URLs, verbatim excerpts, and access dates.
Source links
Every statute quoted above, linked, with the date we checked it.
What does Nevada law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current Nevada law apply to your situation, with citations you can check.
Opens in Ezel Pro.
- Starts from the statutes this survey is built on
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace