[WSBAPT] Proof of Lost Will

Jeremy Yates yatesjp at gmail.com
Thu Feb 19 13:27:36 PST 2015


I've been combing the archives, reading various helpful emails betwen
members of this list, and trying to understand how to use 11.20.070 and am
stuck on the following point:

I have in my possession a photocopy of a Last Will, complete with
signatures and a signed affidavit of witnesses.  Does this photocopy of the
signed affidavit of witnesses qualify as the proof that "must be reduced to
writing and signed by any witnesses who have testified as to the execution
and validity" from 11.20.070 (1)?  Or, must I go out and find the persons
who witnessed the Will to have them provide the same Affidavit information
in a new and Original form?

It seems like I should be able to use the signed Affidavit photocopy, plus
a Declaration that the Will was not revoked, plus a Declaration from almost
anyone who has seen even a copy of the Will waived in front of their nose
by the Testator (of which I can obtain several), and that should be enough.

Am I missing something?

Gratefully,

Jeremy Yates
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