[WSBAPT] Original Wills

[Eric Nelsen]

I LOVE that solution to the original Will storage problem, at least for ones kept by the attorney. But can we make it comply with RPCs regarding preservation of client property? Maybe it would require a signed agreement from the client ahead of time, acknowledging that the original Will would be scanned and destroyed after ___ years, but that destruction would not revoke it?

It also brings to mind - at some point the technology changes should have an impact on the significance of an original Will. I can foresee the eventual creation of an electronic Will, once equivalent procedures for security, authentication, intent, capacity, etc. are worked out. 

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA 98101-2837
phone 206-625-0092
fax 206-625-9040

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Thomas M. Culbertson
Sent: Monday, March 07, 2016 9:47 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Original Wills

The practice of attorneys keeping original wills seems to be increasingly frowned upon (by the WSBA, some E&O carriers, my partners who wonder why we pay for all these large safe deposit boxes), but I still think the clients are best served by us keeping them. I give my clients the choice and I bet 98% opt to have us keep them.  Clients can't be trusted to keep them (at home, I can't either), and there is always the risk of a black sheep family member getting a hold of it when Mom goes to a nursing home or hospice. I have had more than one family member tell me that "I know Mom had a will which disinherited brother, but I can't find it anywhere." 

One possible solution I've toyed with. A lost original is presumed to have been destroyed with intent to revoke, but as we all know the presumption is rebuttable. If we as a firm had a policy of destroying all original wills more than ___ years old but keeping a digital copy, wouldn't an affidavit to the effect that that's why the original is gone be more than enough to overcome the presumption?  If I time things right, my firm will adopt such a policy and not have to present such an affidavit until sometime after I retire.   

________________________________________
THOMAS M. CULBERTSON  I  Lukins & Annis, PS
717 W. Sprague Ave, Suite 1600, Spokane, WA 99201
(509) 455-9555  I  fax (509) 363-2500  I  tculbertson at lukins.com 


-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
Sent: Monday, March 07, 2016 9:11 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Original Wills

Good morning all.

Having assisted in the wrapping up of two practices of attorneys who died, and dealing with original documents of clients who have moved, etc, I have learned that the practice of sending ALL original wills and other documents home with the client serves them best.  The alternative would be filing in the court's Will Repository.  I always include in my conversation with clients, at the time of execution of the documents, a detailed conversation about where to keep their originals, essentially giving the advice that I have seen many give in this thread.  Also, I cannot count the number of clients who are not able to retrieve originals from prior attorneys because the attorney retired or change firms, etc.   I have also seen unethical attorneys who simply keep the originals as a veiled marketing strategy, since clients then have to to come back to them when in need of updates, probate, etc. 

Just my opinion on the subject after (what I hate to admit are) decades of experience... ;)

Melinda Grout

 

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