[WSBAPT] holographic will

Tue Feb 11 15:05:03 PST 2014

It’s not valid under Washington law because the witnesses are required to
sign in the presence of the testator.  However, if it’s signed in Oregon
then Oregon law is applicable to determine the validity of the Will. 

RCW 11.12.020

Requisites of wills — Foreign wills.

(1) Every will shall be in writing signed by the testator or by some other
person under the testator's direction in the testator's presence, and
shall be attested by two or more competent witnesses, by subscribing their
names to the will, or by signing an affidavit that complies with RCW
<http://apps.leg.wa.gov/rcw/default.aspx?cite=11.20.020> 11.20.020(2),
while in the presence of the testator and at the testator's direction or
request: PROVIDED, That a last will and testament, executed in the mode
prescribed by the law of the place where executed or of the testator's
domicile, either at the time of the will's execution or at the time of the
testator's death, shall be deemed to be legally executed, and shall be of
the same force and effect as if executed in the mode prescribed by the
laws of this state.

Amy C. Lewis, Attorney

ESTATE PLANNING & PROBATE

1200 Wells Fargo Plaza | 1201 Pacific Avenue | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 |  <http://www.eisenhowerlaw.com/>
www.eisenhowerlaw.com

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of McVittie-Law PC
Sent: Tuesday, February 11, 2014 2:59 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] holographic will

PC is the sister of decedent who lived in Washington but made a
holographic will in the hospital in Oregon and signed it in the presence
of at least 5 witnesses (only one of whom actually attested the will. If I
am reading RCW 11.12.020 correctly the will complies with the statutory
requirement that it be in writing. It also appears that under RCW
11.20.020 the nominated PR (the sister) can have one of the other
witnesses sign an affidavit to prove the will. 

If the above is correct, can I then present a petition for probate at ex
parte with the will and the new affidavit? Or, will a hearing be required?
What is the best practice?

Thanks,

Jim

James D. McVittie
Legacy Preservation Law
1841 NW 23rd Ave.
Portland, Oregon 97210
Phone 503-224-6611
Fax 503-224-8811
jim at mcvittie-law.com
www.mcvittie-law.com

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