Monday, November 11, 2013

In re Estate of Prestie case brief

In re Estate of Prestie case brief summary
138 P.3d 520 (2006)

Appellant, a decedent's son, sought review of an order from the Eighth Judicial District Court, Clark County (Nevada), which adopted a probate commissioner's recommendation that the decedent's will be revoked as to respondent widow.


The decedent and the widow were married in 1987. They were divorced two years later. In 1994, the decedent simultaneously executed in California a pour-over will and an inter vivos trust. The pour-over will devised the decedent's entire estate to the trust. The decedent's son was named as both the trustee and a beneficiary of the trust. Neither the will nor the trust provided for the widow. In 2001, the decedent amended the trust to grant the widow a life estate in his condominium upon his death. A few weeks later, the decedent and the widow remarried. The decedent passed away approximately nine months later. A probate commissioner found that under Nev. Rev. Stat. § 133.110, the decedent and the widow did not have a marriage contract. Therefore, the probate commissioner recommended that the decedent's will be revoked as to the widow. The trial court upheld the recommendation.


  • On appeal, the court held that the amendment to the trust could not serve to rebut the presumption that the will was revoked as to the widow. 
  • The California law referenced in the will and the trust did not apply. 
  • Finally, the doctrine of equitable estoppel had no application to the facts of the case.

The court affirmed the trial court's order.

Suggested Study Aids For Wills, Trusts & Estate Law

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