[WSBAPT] Handwritten Will

[John J. Sullivan]

Oh. I missed that the notary took the testator' acknowledgment rather than the one witness's. Hmmm. That's weird but might work. 

John Sullivan

Sent from my iPhone

> On Feb 23, 2016, at 12:29 PM, CHRISTOPHER CONSTANTINE <ofcounsl1 at mindspring.com> wrote:
> 
> 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.
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> Ellensburg, WA 98926
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>  
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