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

[Eric Nelsen]

That's my thought as well--cure the problem by doing a new Will rather than merely a Codicil.

Question though--Assuming the client just does not want to do a new Will and is adamant about a Codicil only--might it be possible to attach a copy of the Will to the Codicil, incorporate the copy by reference, assert that the Codicil re-publishes and ratifies each and every clause of the copy as set forth therein, except as expressly modified by the Codicil--and thereby avoid the necessity of tracking down the witnesses to the original Will? The Codicil would then more or less stand on its own as a Will, and the difference in terminology of calling it a "Codicil" as opposed to a "Will" shouldn't make a difference?

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Monday, June 01, 2015 2:05 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Effect of adding a notarized codicil to a will that is not self-proving

With the magic of text processing, why not just replace the
Will?



From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto:sarah at dionlaw.com>
dionlaw.com<http://dionlaw.com>

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