[WSBAPT] Can Notary Serve as Witness?

[Paul Grant]

My first question in return is what document are you signing that *requires* by
statute that a notary AND a witness with and affidavit are used?  I know in
practice that we often use a belt and suspenders approach to this question,
but I am amiss at thinking of a document where such is required.

Despite that, and admittedly I utilize both, when I first started my
practice and I was dragging my wife in as a witness and I was the notary
(that's a whole 'nother thread) I created a separate Affidavit and we
literally went to the bank to use a neutral notary for our witness
affidavit.  I have marched a couple of those early documents through court
and have never had any problem.  However, I am confident that I cannot
notarize my own signature nor my wifes!  Therefore, I believe acting in WA
you would create a problem.

If this document is being signed in FL, then obviously FL notary laws would
apply, but I would still want to know if it is a properly signed document
from another state before being content that the client's intentions will
be upheld.

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Paul H. Grant - JD, LL.M

Planning with Purpose, Inc
Lynnwood, WA 98036
425-939-9948
www.planningwithpurposeinc.com

Estate Planning. Business Planning. Wealth Succession.

On Thu, Jan 11, 2018 at 1:22 PM, Felicia Value <felicia at skagitprobate.com>
wrote:

> 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
>
>
>
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