[WSBAPT] << Rules of Thumb as to "THE" 2 Witnesses >>

[Eric Nelsen]

I routinely act as witness on Wills drafted by someone else in my office. I routinely act as Notary on self-proving affidavits, even on Wills that I have drafted. I ignore my status as attorney because I'm not functioning as an attorney in that instance. On the one occasion where there was a Will contest on a Will I had witnessed and drafted by another attorney in my office, we referred the case out to different counsel so I could act as a fact witness. I think it wouldn't have been an issue because the claim was not related to irregularity in execution, but better safe than sorry; no need to get embroiled in even a potential witness/attorney conflict.

I've never had someone walk in to request witness/notary services on a Will, but offhand I wouldn't necessarily decline. It's the same drill as with any Will; I'd want to be sure that the Testator/rix was competent, not under influence, etc..  I probably would decline to witness where I had even the slightest doubt on those issues, since I haven't had the same level of interaction with a walk-in that I do with a client.

Personally, I don't care what the Will actually says, so long as the Testator/rix affirms that s/he has read it, understands it, declares it to be her/his will, and signs it. If I'm reasonably sure they are competent and signing voluntarily, it's their business what they do with their assets. I'm just witnessing, not advising. (Need to make that absolutely clear too, come to think of it--maybe have the person sign a separate acknowledgment for my file confirming that we're not acting as lawyers, just witnesses?)

But if I'm witnessing it, I'd get a copy and file it away, so if there's ever any question about what I witnessed, I'd have an exact copy of the Will as witnessed.

I'd also charge for my time, if I'm going to be bothered by a non-client for witnessing.

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 Victor R
Sent: Wednesday, March 18, 2015 4:09 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] << Rules of Thumb as to "THE" 2 Witnesses >>

Members:

Do any of you use a general rule of thumb on this?  If any.

That is, do any of you have a rule AS THE ATTORNEY or AS "AN" ATTORNEY, not to sign as a witness?  or in the alternative "to do so" and sign as the attorney?

DIFFERENT SCENARIO:  What if someone simply walks through your door:  "Sir/Madam - I've got a will, and I just need a Notary and some witnesses to sign this"....... My take:  I'd be a bit hesitant, unless I 'knew' WHAT the will contained, if I or any of my Notary staff were to sign as witnesses.

Your thoughts?


--

Victor Ro, Esq.
THE RO FIRM, P.S.C.
A Professional Services Corporation
5400 Carillon Point
Bldg. 5000, 4th Floor
Kirkland, WA 98033
Tel:  (206) 319-7072
Fax: (206) 319-4470
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