[WSBAPT] Will signing under RCW 11.92.140

Jeanne Dawes jjdawes at goregrewe.com
Wed Aug 26 15:36:10 PDT 2015


Greetings,

I'm petitioning the Court for authority for the Guardian to execute a Last Will and Testament on behalf of an incapacitated person.  If any of you have done this, I'm trying to figure out how I should set up the Testator signature and witnesses, and would appreciate any input you may have.

I'm thinking I should indicate the name of the IP and then state by: jane doe, guardian, pursuant to Court Order entered under Spokane County Superior Court Cause No. ________ on 8/31/2015.

For the witness proof affidavit I'm not sure how to address the fact that the testator is not of sound and disposing mind.  Do I state that the Testator is an Incapacitated Person and that the Guardian appeared to be of sound and disposing mind?  Something like "the testator is an incapacitated person and the subject of a guardianship in which Jane Doe is the duly appointed guardian with the authority to execute the Will on behalf of the IP, and the Guardian appeared to be of sound and disposing mind."

If you have experience with this or some other thought about how it should be done I would appreciate hearing from you.
Thanking you in advance.

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>

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