[WSBAPT] Handwritten Will

[pugetsoundlaw at gmail.com]

This came up in Estate of Price, 871 P.2d 1079, 73 Wn.App. 745 (Wash.App. Div. 1 1994).  

A notary's signature can be deemed the signature of an attesting witness, if all of the legal requirements of a valid attestation were nonetheless complied with by the notary's signature.  In Price, the individual who signed the will as the notary submitted an affidavit during the probate of her knowledge of the facts and circumstances surrounding the will’s execution.

 

Tara M. Roberts

Puget Sound Law pllc

roberts at pugetsoundlaw.com <mailto:roberts at pugetsoundlaw.com> 

 

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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 <wsbapt at lists.wsbarppt.com>
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 <mailto: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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