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

[jeffrey winter]

Heather,
You may be right.  I suppose I overstated the issue --  I can certainly see circumstances in which, as drafter, one would be called as a witness (such as where the issue may relate to why the Will was drafted in a particular manner).  I also think, though, that courts are reluctant to disqualify.  Assuming the issue is solely one of capacity, if there is a separate & independent witness that could be called without disqualifying the attorney, a court might prefer to go that route.  
Not much, I admit, but enough for me to stick with my procedures.  :)  
Jeffrey D. Winter

Law Office of Jeffrey D.
Winter, P.S.

604 North
Main Street

Ellensburg,
WA 98926

(509)
925-9600 tel.

(509)
925-9606 fax







From: heatherd at westseattlelaw.com
To: wsbapt at lists.wsbarppt.com
Date: Thu, 19 Mar 2015 00:02:38 +0000
Subject: Re: [WSBAPT] << Rules of Thumb as to "THE" 2 Witnesses >>









Jeff,
 
Do you not think as the drafter you would have at least as much likelihood of a conflict as a witness if there is litigation? I expect that as a drafter, witness
 or notary my role as witness would cause a conflict.
 
Heather

 
Heather S. de Vrieze

Attorney-at-Law

3909 California Avenue SW
Seattle, WA 98116-3705                         

(206)938-5500

heatherd at westseattlelaw.com

www.westseattlelaw.com

 
Click here to connect with de Vrieze | Carney on Facebook:
  
 
CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please
 notify the sender immediately and delete all copies of this e-mail message and any attachment.

 


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com]
On Behalf Of jeffrey winter

Sent: Wednesday, March 18, 2015 4:34 PM

To: WSBA Probate & Trust Listserv

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


 

I've always been concerned that, by being involved in any way (witness or notary) you will be assumed to have reviewed and advised the testator as to the contents.  For that reason, I typically
 decline.  I will only notarize Wills that I have drafted.

 


I generally do not act as a witness.  If you probate the Will, and there is estate litigation, you might be conflicted out as a witness.

 


If they don't want want to pay for your consult, it's kinda like bringing a fast food burger to a fancy restaurant and just ordering a soda to go with your meal.


 


My thoughts.


 


Jeffrey D. Winter
Law Office of Jeffrey D. Winter, P.S.

604 North Main Street

Ellensburg, WA 98926

(509) 925-9600 tel.

(509) 925-9606 fax
 




Date: Wed, 18 Mar 2015 16:08:54 -0700

From: mailboxro at gmail.com

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



This communication is CONFIDENTIAL - ATTORNEY WORK PRODUCT - PRIVILEGED.  You are responsible for any damages arising in any way from its use.  Do not construe this correspondence
 or contents, thereof, as legal advice or as an engagement between an attorney and client.  If you received this communication in error, delete it immediately and permanently from all existing files.  NOTICE and PROHIBITION:  Do not copy, transmit, retransmit,
 distribute, or disclose this information contained, herein.






_______________________________________________ WSBAPT mailing list 
WSBAPT at lists.wsbarppt.com 
http://mailman.fsr.com/mailman/listinfo/wsbapt








_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt 		 	   		  
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150319/93d2ec1f/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 7560 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150319/93d2ec1f/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 7107 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150319/93d2ec1f/image003.jpg>