[WSBAPT] Executing Will with Client that lacks ability to sign

[Ralph Maimon]

I have found that with folks with strokes, for example, blinking is a
good way to communicate. Test with blinking eyes before signing.  one
blink = yes, two =no.   If it is consistent, I'd say you are
communicating and then with his hand and a single blink, sign the will
with the witnesses. 
 

Ralph Maimon 
Law Office of Ralph Maimon, P.S. 

2811 E. Madison Street

Suite 202

Seattle, WA  98112

Tel: (206) 323-0911
Fax: (206) 462-1505  

rmaimon at maimonlaw.com <mailto:rmaimon at maimonlaw.com> 

 


 


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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Thursday, November 20, 2014 10:53 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Executing Will with Client that lacks ability to
sign



Vague recollection is that the statute on will execution has specific
provisions about how to accomplish this.

 

Roger Hawkes, WSBA # 5173

19909 Ballinger Way NE

Shoreline, WA 98155

www.hawkeslawfirm.com
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206 367 5000

Fax is 206 367 4005

 

From: David Faber [mailto:david at faberfeinson.com] 
Sent: Thursday, November 20, 2014 10:20 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Executing Will with Client that lacks ability to sign

 

I have a wills client who appears to be competent to execute a will, but
lacks the physical ability to actually sign it. In addition, I am unsure
whether they would even be able to verbally agree to the terms of his
will because of their illness. The client's nurse has stated that the
client's illness has not affected the client's awareness and
understanding of the world around him, only that he has very, very
limited motor control.

 

Any members of this list have any advice on what could be done to prove
that this man executed his will as his own act and deed without a
signature? Any assistance would be much appreciated! I cannot imagine
that this sort of thing is unheard of, given the significant number of
people afflicted with degenerative diseases affecting their muscle
control.




Best,

David J. Faber

Faber Feinson PLLC

210 Polk Street, Suite 1

Port Townsend, WA 98368
(360) 379-4110

 

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