[WSBAPT] Proof of Lost Will

[Heather deVrieze]

If all heirs and devisees agree that the copy is a true and correct copy of the authentic unrevoked Will, I don’t think you need much more. If you don’t have that, you need to go a lot farther.

Ideally you can get the original witnesses to attest to the authenticity of the copy of the Will. I’m not sure it is required by the statute, but I have always had at least one witness, or in one case the wife of a deceased witness attest to the process and the authenticity of the copy. e.g. “I recognize the signature of the witness on the copy of the Will and Affidavit appended to it to be mine, I also recognize the signature of the other witness, who was my secretary/partner/paralegal to and it was our office procedure to always confirm the identity of the testator and sign immediately after him both on the Will and the self-proving affidavit.”

I usually produce another signed (notarized if possible) original document signed by the testator, like a Power of Attorney or bank signature card.

Finally, any disinterested witness who can attest to the authenticity and unrevoked status of the document are of additional benefit.

Early in my career I was sent away by the commissioner to do more than what seemed like enough to me. I have learned that in this area, more is better.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jeremy Yates
Sent: Thursday, February 19, 2015 1:28 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Proof of Lost Will

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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