[WSBAPT] Can Notary Serve as Witness?

[Lewis, Amy C.]

There is specific Washington authority on this, which says the notary can be a witness if the notary was present and meets the requirement for a witness.  The most recent case I’m aware of is In re Estate of Knowles, 135 Wn.App. 351.



Amy C. Lewis, Attorney
Eisenhower Carlson, PLLC
1201 Pacific Avenue, Suite 1200 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com



-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Felicia Value
Sent: Thursday, January 11, 2018 1:22 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Can Notary Serve as Witness?

Colleagues -

I sent Washington estate planning documetns to a client who is a Washington resident presently staying in Florida.  He just emailed me saying they're all executed,  and btw did I know that Florida law allows a notary to serve as a witness?

I've asked my client if indeed the notary acted as both witness and notary.

Among other documents,  the notary would have notarized his or her own Affidavit of Attesting Witnesses.  On other documetns the notary would have signed as a witness and then notarized client's signature.

This won't fly in Washington,  will it?

Thanks in advance for your help.

--
Felicia Value
Attorney at Law
PO Box 578/116 N. Third
La Conner,  WA 98257
(360) 466-2088
Felicia at skagitprobate.com<mailto:Felicia at skagitprobate.com>



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