[WSBAPT] Can Notary Serve as Witness?

[Bryce Dille]

It depends see the new act and specifically RCW.42.45.020 can’t notarize the wife’s signature if she is party or has a beneficial interest  arising out of document being  notarized



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Bryce H. Dille | Attorney at Law

P: 253.848.3513| F: 253.845.4941
317 South Meridian
Puyallup, WA 98371
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Friday, January 12, 2018 11:29 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Can Notary Serve as Witness?

Paul: I am pretty sure there is nothing legally amiss about notarizing your wife’s signature; buy your own…….that is a different matter.

Roger Hawkes, WSBA 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000 voice
206 367 4005  fax

From: Paul Grant [mailto:paulnnepa at gmail.com]
Sent: Friday, January 12, 2018 9:05 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Can Notary Serve as Witness?

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<http://www.planningwithpurposeinc.com>

Estate Planning. Business Planning. Wealth Succession.

On Thu, Jan 11, 2018 at 1:22 PM, Felicia Value <felicia at skagitprobate.com<mailto: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<tel:%28360%29%20466-2088>
Felicia at skagitprobate.com<mailto:Felicia at skagitprobate.com>



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