[WSBAPT] Signing out of the office

[Heather deVrieze]

I'm not sure those instructions are sufficient. "Fill in all the blanks" is not what the statute requires, or adequate to communicate what the witnesses are witnessing. I have the following language that I use for the very occasional times I provide a will to client for execution out of my presence.

You must sign your Will in the presence of two disinterested witnesses (not receiving anything under your Will) and a notary.  Note that the witnesses must sign the Will and the affidavit at the end of the Will.  You must communicate the following four facts either by making a statement prior to signing, or by having the notary or other disinterested party ask you the following questions for the benefit of the witnesses:  1. Does this document represent your last Will and does it dispose of your property as you wish it to be disposed of at the time of your death?  2.  Has anyone forced you or unduly influenced you to make the provisions in this Will?  3.  Are you over the age of 18 and of sound mind?  4.  Do you wish the witnesses present to be your witnesses to this signing?  You should initial and date each page where indicated and sign your name at the end exactly as it is presented there, in the presence of the witnesses and notary.  The witnesses need to sign below your signature, in your presence, and then complete the affidavit of witnesses for notarization.

Heather

Heather S. de Vrieze
Attorney-at-Law
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Seattle, WA 98116-3705
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****For your advance planning---Heather will be out of the office August 1-5. Any matters arising during that time can can likely be addressed by one of the other attorneys in the office, or Heather will attend to them on her return. Thank You.****
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Brink, Kerry
Sent: Monday, July 25, 2016 12:54 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Signing out of the office


Here's a beginning explanation of how to sign out of the office - that could be adapted.

Best regards,

Kerry E. Brink
Kerry E. Brink * Attorney

Estate Planning, Probate, Elder Law
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