[WSBAPT] Handwritten Will

[Robert Hardy]

John what if the will has two witnesses but both are unavailable for an attestation certificate or are unable to testify. Is the will then inadmissible?

RH

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John J. Sullivan
Sent: Tuesday, February 23, 2016 11:51 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Handwritten Will

 

Interesting question. My concern would be whether the notary can swear or declare all the necessary statements. For example, does he have to say the testator requested that he witness the will signing? RCW 11.12.020. 

 

John Sullivan

Sent from my iPhone


On Feb 23, 2016, at 11:36 AM, jeffrey winter <jdwinter at hotmail.com> wrote:

Listmates,

 

I have been presented with a handwritten Will to probate.  There is only one witness signature, but the testator's signature was notarized.  Is it possible for the notary to act as a second witness if he is willing to fill out the appropriate affidavit?  

 

Jeff Winter

Jeffrey D. Winter

Law Office of Jeffrey D. Winter, P.S.
604 North Main Street
Ellensburg, WA 98926
(509) 925-9600 <tel:%28509%29%20925-9600>  tel.
(509) 925-9606 <tel:%28509%29%20925-9606>  fax

 

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