[WSBAPT] Effect of adding a notarized codicil to a will that is not self-proving

Katharine P. Bauer kpb at bpblegal.com
Mon Jun 1 14:13:58 PDT 2015


You can correct the self proof.  In the codicil, reaffirm the Will, attach
it to the codicil as an exhibit , and add a self proving affidavit to the
whole.  It becomes a part of the codicil by incorporation, and evidence of
will contents are attached.  Also, be aware that a codicil is actually a
will in and of itself, but is lacking all the info so without the will
attached, you may have questions of intestacy.  This is also a good way to
"re-sign" a list will, with minor changes...
On Jun 1, 2015 2:08 PM, "Paul Neumiller" <pneumiller at hotmail.com> wrote:

> With the magic of text processing, why not just replace the
>
> Will?
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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 1, 2015 1:45 PM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* [WSBAPT] Effect of adding a notarized codicil to a will that
> is not self-proving
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> Hi Listmates!
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> I am in need of guidance from more experienced estate planning attorneys!
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> 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.
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> Thanks in advance for any thoughts!
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> Sarah Jael Dion
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> Dion Law PLLC
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> 206-550-4005
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> sarah at dionlaw.com
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> dionlaw.com
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>
> This message is private or privileged. If you are not the person for whom
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