[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 14:15:45 PDT 2015


Oops. Lost will, not list will...
On Jun 1, 2015 2:13 PM, "Katharine P. Bauer" <kpb at bpblegal.com> wrote:

> 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
>>
>>
>>
>> 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
>>
>>
>>
>> This message is private or privileged. If you are not the person for 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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>
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