[WSBAPT] Rejection of Will with date problem

[Donna Calf Robe]

Greetings:

I presented a Will for probate.  The commissioner denied the request to
admit the Will because the year the testator signed the Will did not match
the year the attestation clause was signed.  

 

The Will had a blank for the month and date, but the year was typed in: “
___ day of _____, 1987”.  The same date format was used for the witness
and notary page.  When the Testator signed in January 1988, he filled in
the date correctly, and wrote “8” over the “7” to show the year as “1988”.
However, on the witness page, both witnesses signed it and the notary
notarized it, and wrote in the correct month and day, but left the year as
1987.  The commissioner entered a minute order denying the petition
without prejudice on the grounds that the Will was not supplied with the
testimony required by 11.20.020 because the date of signing by testator
and witnesses are different.  The Decedent was not married and had no
children and left his very large estate to Charities and extended family,
not to intestate heirs.  Everyone received notice of the hearing and a
copy of the Will and no one objected, except the commissioner.  

 

11.20.020 doesn’t require that the dates match, but the date the witnesses
sign can be prior to the date the testator signed.  It is obvious that the
Will was drafted in 1987 but signed in 1988 and the notary forgot to
correct the date on her page, but I’m trying to figure out the best way to
approach this.  I did find some case law that a mistake by a notary (such
as forgetting the seal) would not invalidate a contract, but not much
addressing Wills.  The notary in this case has since died.  We are trying
to locate the two witnesses but not having much luck so far.  Any
suggestions welcome.      

 

Donna

 

Donna M. Calf Robe

Attorney at Law

2722 Eastlake Ave. E., Ste. 200

Seattle, Washington 98102-3143

Phone (206) 324-4300, extension 113

FAX (206) 324-3106

 

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