[WSBAPT] 1964 Will Witnessing requirements?

[Lewis, Amy C.]

I believe the self-proving affidavit wasn't part of the statute until the late 1960s.


Amy C. Lewis, Attorney

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ESTATE PLANNING & PROBATE

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jane Bitz
Sent: Monday, May 16, 2016 1:39 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] 1964 Will Witnessing requirements?

I wasn't practicing then either, but I have run across wills such as this where there are two witness (valid will) but no affidavit to make it self-proving. It was the practice at that time to not do an affidavit, thus possibly retaining the probate business. One such "reputable" law firm was very put out that the client did not want them to handle the probate matter. Eventually the witnesses (attorney at the firm and an assistant who were still there and who had acted as the witnesses) provided me with an affidavit attesting after the fact that they were present when the testator signed the will, was of sound mind etc.

Jane.

Jane G Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E Mission, Suite 5
Spokane Valley WA 99206-4824
(509) 927-9700; FAX (509) 777-1800
jbitz at whc-attorneys.com<mailto:jane at jbitzlaw.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
Sent: Monday, May 16, 2016 11:10 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] 1964 Will Witnessing requirements?

Good morning list mates,

As I was not practicing in '64, I am hoping someone will know this:

A reputable firm did a Will for a client in 1964, which included no notary, and only this as Witness statement:

The foregoing Last Will and Testament, consisting of the preceding three pages attached hereto and made a part hereof, was the the date hereof, signed, sealed and published by the said JOE BLO, the Testator herein, and by him declared to be his Last Will and Testatment,in the presence of us, who, in his presence and at his request and in the presence of each other, have hereunto subscribed our names as witnesses thereto this  5th day of October, 1964.

                                    (Signature), residing at Spokane, WA
                                    (Signature), residing at Spokane, WA

 No declaration language before or after it...

Was this adequate at the time?

Regards,

Melinda Grout
Law Office of Melinda K Grout, PS
17325 W. Main Street / P.O. Box 1360
Monroe, WA  98272
360-794-4322  / Fax: 425-744-6745

Emphasizing Estate Planning, Probate, and Elder Law
mkgroutlaw.com<http://mkgroutlaw.com>

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