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

[Katharine P. Bauer]

Carla,  this is exactly what I do.  Never an issue.
On Nov 20, 2014 11:20 AM, "Carla Higginson" <carla at higginsonbeyer.com>
wrote:

>  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 <carla at higginsonbeyer.com>*
>
>
>
>
>
>
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> *From:* 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>
> 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
>
> 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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> --
>
> 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
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