[WSBAPT] Handwritten Will

[John J. Sullivan]

I had that situation come up and was able to find someone else who was able to provide an affidavit as to the authenticity of the witness signatures. 

John Sullivan

Sent from my iPhone

> On Feb 23, 2016, at 12:27 PM, Robert Hardy <auddyman at comcast.net> wrote:
> 
> 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.
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> Ellensburg, WA 98926
> (509) 925-9600 tel.
> (509) 925-9606 fax
>  
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