[WSBAPT] Effect of adding a notarized codicil to a will that is notself-proving

[Tom J. Westbrook]

HI Sarah,

 

The Will does not need to be notarized; only witnessed by two of the
appropriate people. It is the Affidavit of Subscribing Witnesses that
needs to be notarized to self-prove the Will. See if you can find the
witnesses and have then sign an Affidavit as to them being witnesses in
the appropriate form in front of a Notary and you will be good to go.
The Affidavit does not have to be done simultaneously with the Will; it
is just prudent practice to do that for this very reason. I do not
believe you can correct such an affidavit with a Codicil, unless your
Codicil is witnessed by the same two people that Witnessed the Will and
you would have them testify as to their witnessing of the original
Will.......but if you had them, they could do the Affidavit for the
first Will anyway.

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

 

Rodgers, Kee & Card, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

 

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com

 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sarah Jael Dion
Sent: Monday, June 01, 2015 1:45 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Effect of adding a notarized codicil to a will that is
notself-proving

 

Hi Listmates!

 

I am in need of guidance from more experienced estate planning
attorneys! 

 

I have a client with a will that was not notarized, and is therefore not
self-proving. I have been retained to draft a codicil to make some
changes to her will. I was wondering whether, if I draft the codicil
such that it republishes the will, I can cure the lack of notarization
in the original document? Would this be effective? I looked at the RCW
and didn't see any guidance there. 

 

Thanks in advance for any thoughts! 

 

Sarah Jael Dion

 

Dion Law PLLC


206-550-4005

sarah at dionlaw.com

dionlaw.com

 

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whom this message is intended, please notify me immediately and delete
the message. Please do not copy or send this message to anyone else. 

 

 

 

 

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