[WSBAPT] Handwritten Will

[CHRISTOPHER CONSTANTINE]

>From Estate of Knowles, 135 Wn. App. 351, 361-62 (Div. II 2006):

. ..A notary may be an attesting witness where the requirements of a valid
attestation are met. In re Estate of Black, 153 Wash.2d 152, 167-68, 102
P.3d 796 (2004) . The pivotal question is whether the notary is attesting to
the genuineness of the signature or to the formalities of proper will
execution. Black, 153 Wash.2d at 168, 102 P.3d 796 (citing In re Estate of
Alfaro, 301 Ill.App.3d 500, 234 Ill.Dec. 759, 703 N.E.2d 620 (1998)). The
requirements of valid attestation are met where the notary interacted with
the testator, could judge his competency, declared that the testator signed
the will in her presence, was qualified as a witness, and the testator
requested she sign the will. Black, 153 Wash.2d at 168, 102 P.3d 796. This
is exactly what happened here. Merle went to Goodrich's office to have
Goodrich and Camp sign his will, and the three interacted, joking about the
burden on Randy of having to dispose of Merle's junk. And Camp's notary
stamp states that Merle signed the will in her presence..

 

Chris Constantine

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of jeffrey winter
Sent: Tuesday, February 23, 2016 11:37 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Handwritten Will

 

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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