[WSBAPT] Proof of Lost Will

Fri Feb 20 08:11:08 PST 2015

On 2/19/2015 2:03 PM, Heather deVrieze wrote:
>
> 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.
>

*I have done something a little different many, many times before 
without problems, which is to file a TEDRA Agreement by the interested 
parties in which they not only validate the copy of the Will but also 
agree that it shall be considered for all purposes as as if it were the 
original of Decedent's Will.  Here's its essence:*

1.*Decedent.*Decedent died testate on ,**was then a resident of Seattle, 
King**County, Washington, and left property in this state subject to 
probate.

2.*Heirs & Beneficiaries.*Decedent died unmarried and survived by his 
two children, both adults, who are Decedent’s only heirs:

****

****

3.*Will.*A copy of Decedent's last Will dated , is attached to this 
Agreement.Decedent signed the Will on that date while competent, and its 
subscribing witnesses are & , whose Affidavit is subscribed to the 
Will.Despite a diligent search for the original of Decedent’s Will, it 
remains unfound.We believe the attached copy is a true & accurate copy 
of Decedent’s Will.We agree that the attached copy shall be considered 
for all purposes as if it were the original of Decedent’s Will, & that 
it remains valid & unrevoked.

4.*Petition for Probate*.We agree to:

  * The admission to probate of Decedent’s Will, as evidenced by the
    attached copy.
  * The appointment of as Personal Representative of Decedent’s estate.
  * No Bond being required for , as PR.
  * Nonintervention Powers being granted to , as PR.

*If I'm unable to get that, then, yes, I get current Declarations from 
the Will's witnesses.*

*And if I can't get that from one of them, I get a Declaration from 
somebody who recognizes**that witness' signature.*

*And like Heather, I have found the Court to be reluctant to find a Will 
copy acceptable, so I pour on the evidence.*

> 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/>
>
> *Click here to connect with de Vrieze | Carney on Facebook: ****FB 
> Logo* <https://www.facebook.com/DeVriezeCarney>
>
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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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