Nevada § 164.015 - Petition concerning internal affairs of nontestamentary trust; jurisdiction of court; procedure for contests of certain trusts; final order; appeal

§ 164.015. Petition concerning internal affairs of nontestamentary trust; jurisdiction of court; procedure for contests of certain trusts; final order; appeal

1. The court has exclusive jurisdiction of proceedings initiated by the petition of

an interested person concerning the internal affairs of a nontestamentary trust, including

a revocable living trust while the settlor is still living if the court determines

that the settlor cannot adequately protect his or her own interests or if the interested

person shows that the settlor is incompetent or susceptible to undue influence. Proceedings which may be maintained under this section are those concerning the

administration and distribution of trusts, the declaration of rights and the determination

of other matters involving trustees and beneficiaries of trusts, including petitions

with respect to a nontestamentary trust for any appropriate relief provided with respect

to a testamentary trust in NRS 153.031 and petitions for a ruling that property not formally titled in the name of a trust

or its trustee constitutes trust property pursuant to NRS 163.002 . 2. A petition under this section or subsection 2 of NRS 30.040 that relates to a trust may be filed in conjunction with a petition under NRS 164.010 or at any time after the court has assumed jurisdiction under that section. 3. If an interested person contests the validity of a revocable nontestamentary trust,

the interested person is the plaintiff and the trustee is the defendant. The written grounds for contesting the validity of the trust constitutes a pleading

and must conform with any rules applicable to pleadings in a civil action. This subsection applies whether the person contesting the validity of the trust

is the petitioner or the objector and whether or not the opposition to the validity

of the trust is asserted under this section or subsection 2 of NRS 30.040 . 4. In a proceeding pursuant to subsection 3, the competency of the settlor to make

the trust, the freedom of the settlor from duress, menace, fraud or undue influence

at the time of execution of the will, the execution and attestation of the trust instrument,

or any other question affecting the validity of the trust is a question of fact and

must be tried by the court, subject to the provisions of subsection 5. 5. A court may consolidate the cases if there is a contest of a revocable nontestamentary

trust and a contest relating to a will executed on the same date. If a jury is demanded pursuant to NRS 137.020 for the contest of the will, the court may instruct the jury to render an advisory

opinion with respect to an issue of fact pursuant to subsection 4 in the contest of

the trust. 6. Upon the hearing, the court shall enter such order as it deems appropriate. The order is final and conclusive as to all matters determined and is binding in

rem upon the trust estate and upon the interests of all beneficiaries, vested or contingent,

except that appeal to the appellate court of competent jurisdiction pursuant to the

rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution may be taken from the order within 30 days after notice of its entry by filing notice

of appeal with the clerk of the district court. The appellant shall mail a copy of the notice to each person who has appeared of

record. If the proceeding was brought pursuant to subsection 3, 4 or 5, the court must also

award costs pursuant to chapter 18 of NRS. 7. Except as otherwise ordered by the court, a proceeding under this section does

not result in continuing supervisory proceedings, and the administration of the trust

must proceed expeditiously in a manner consistent with the terms of the trust, without

judicial intervention or the order, approval or other action of any court, unless

the jurisdiction of the court is invoked by an interested person or exercised as provided

by other law. 8. As used in this section, “ nontestamentary trust ” has the meaning ascribed to it in NRS 163.0016 .