41B.090 - “Governing instrument” defined. - Nevada Statutes

41B.090  “Governing instrument” defined.  “Governing instrument” means any of the following:

      1.  A deed or any other instrument that transfers any property, interest or benefit.

      2.  An annuity or a policy of insurance.

      3.  A trust, whether created by an instrument executed during the life of the settlor, a testamentary instrument or any other instrument, judgment or decree, including, without limitation, any of the following:

      (a) An express trust, whether private or charitable, and any additions to such a trust.

      (b) A trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust.

      4.  A will, a codicil or any other testamentary instrument, including, without limitation, a testamentary instrument that:

      (a) Appoints a person to serve in a fiduciary or representative capacity, nominates a guardian or revokes or revises another will, codicil or testamentary instrument; or

      (b) Excludes or limits the right of a person or class of persons to succeed to any property, interest or benefit pursuant to the laws of intestate succession.

      5.  Any account or deposit that is payable or transferable on the death of a person or any instrument that provides for the payment or transfer of any property, interest or benefit on the death of a person.

      6.  A security registered as transferable on the death of a person or a security registered in beneficiary form pursuant to NRS 111.480 to 111.650, inclusive.

      7.  Any instrument creating or exercising a power of appointment or a durable or nondurable power of attorney.

      8.  Any instrument that appoints or nominates a person to serve in any fiduciary or representative capacity, including, without limitation, an agent, guardian, executor, personal representative or trustee.

      9.  Any public or private plan or system that entitles a person to the payment or transfer of any property, interest or benefit, including, without limitation, a plan or system that involves any of the following:

      (a) Pension benefits, retirement benefits or other similar benefits.

      (b) Profit-sharing or any other form of participation in profits, revenues, securities, capital or assets.

      (c) Industrial insurance, workers’ compensation or other similar benefits.

      (d) Group insurance.

      10.  A partnership agreement or an agreement concerning any joint adventure, enterprise or venture.

      11.  A premarital, antenuptial or postnuptial agreement, a marriage contract or settlement or any other similar agreement, contract or settlement.

      12.  Any instrument that declares a homestead pursuant to chapter 115 of NRS.

      13.  Any other dispositive, appointive, nominative or declarative instrument.

      (Added to NRS by 1999, 1349)