[WSBAPT] << Rules of Thumb as to "THE" 2 Witnesses >>
jeffrey winter
jdwinter at hotmail.com
Thu Mar 19 09:45:20 PDT 2015
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:
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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
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