NRS137.005. Enforcement of no-contest clauses; exceptions.

      1.  Except as otherwise provided in subsections 3 and 4, a no-contest clause in a will must be enforced by the court.

      2.  A no-contest clause must be construed to carry out the testator’s intent. Except to the extent the will is vague or ambiguous, extrinsic evidence is not admissible to establish the testator’s intent concerning the no-contest clause. The provisions of this subsection do not prohibit such evidence from being admitted for any other purpose authorized by law. Except as otherwise provided in subsections 3 and 4, a devisee’s share may be reduced or eliminated under a no-contest clause based upon conduct that is set forth by the testator in the will, including, without limitation, any testamentary trust established in the will. Such conduct may include, without limitation:

      (a) Conduct other than formal court action; and

      (b) Conduct which is unrelated to the will itself, including, without limitation:

             (1) The commencement of civil litigation against the testator’s probate estate or family members;

             (2) Interference with the administration of a trust or a business entity;

             (3) Efforts to frustrate the intent of the testator’s power of attorney; and

             (4) Efforts to frustrate the designation of beneficiaries related to a nonprobate transfer by the testator.

      3.  Notwithstanding any provision to the contrary in the will, a devisee’s share must not be reduced or eliminated if the devisee seeks only to:

      (a) Enforce the terms of the will or any document referenced in or affected by the will;

      (b) Enforce the devisee’s legal rights in the probate proceeding; or

      (c) Obtain a court ruling with respect to the construction or legal effect of the will.

      4.  Notwithstanding any provision to the contrary in the will, a devisee’s share must not be reduced or eliminated under a no-contest clause because the devisee institutes legal action seeking to invalidate a will if the legal action is instituted in good faith and based on probable cause that would have led a reasonable person, properly informed and advised, to conclude that the will is invalid.

      5.  As used in this section, “no-contest clause” means one or more provisions in a will that express a directive to reduce or eliminate the share allocated to a devisee or to reduce or eliminate the distributions to be made to a devisee if the devisee takes action to frustrate or defeat the testator’s intent as expressed in the will.

      (Added to NRS by 2009, 1625; A 2011, 1436)