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

Thu Nov 20 11:47:57 PST 2014

If the client in unable to communicate otherwise than by blinking, how did you know what he wants so you could prepare a draft will in the first place?

Mark J. Geyer, P.S.
PO Box 15733
Seattle WA 98115
(206) 689-2193 Telephone
mgeyer at mgeyerlaw.com<mailto:mgeyer at mgeyerlaw.com>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Carla Higginson
Sent: Thursday, November 20, 2014 11:18 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Executing Will with Client that lacks ability to sign

Hi Katharine,

What I have done in this type of situation is have the client's physician examine the client just prior to the execution of the will and then prepare a declaration that the client is mentally competent, is alert, aware, able to understand and answer questions, not on any medications that interfere with his mental acuity, etc.  Then I read the will to the client in front of two witnesses and after each paragraph or section, ask him if he understands what I have just read and if that is what he wants.  At the signature line, I have the client place an "x" since that may be all he can manage, and then prepare a separate declaration for the subscribing witnesses that the "x" was affixed by the testator in the presence of the subscribing witnesses to the will.  I have not had any challenges to this process over the past 34 years.  Please feel free to contact me directly if you would like to discuss this process further.

Regards,
                              _________________________

Carla J. Higginson, Attorney | Higginson Beyer, P.S.
Friday Harbor Office:
175 Second Street North, Friday Harbor, Washington 98250 | Telephone: (360) 378-2185 | Facsimile: (360) 378-3935
Seattle Office:
701 Fifth Avenue, Suite 5500, Seattle, Washington 98104 | Telephone: (206) 623-8888 | Facsimile: (360) 378-3935
carla at higginsonbeyer.com<mailto:carla at higginsonbeyer.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Katharine P. Bauer
Sent: Thursday, November 20, 2014 11:05 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Executing Will with Client that lacks ability to sign

yes

On Thu, Nov 20, 2014 at 10:53 AM, Roger Hawkes <Roger at law-hawks.com<mailto:Roger at law-hawks.com>> wrote:
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<http://www.hawkeslawfirm.com>
206 367 5000<tel:206%20367%205000>
Fax is 206 367 4005<tel:206%20367%204005>

From: David Faber [mailto:david at faberfeinson.com<mailto:david at faberfeinson.com>]
Sent: Thursday, November 20, 2014 10:20 AM
To: wsbapt at lists.wsbarppt.com<mailto: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<tel:%28360%29%20379-4110>

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Katharine P. Bauer
Bauer Pitman Lifetime Legal, PLLC
1235 Fourth Ave. East, Suite 200
Olympia, Washington 98501
tel. 360.754.1976
fax. 360.943.4427

e-mail: kpb at bpblegal.com<mailto:kpb at bpblegal.com>

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