[WSBAPT] Proving Copy of Will

[John J. Sullivan]

Heather:

Whenever I have relied on a copy of a will, the thing I had to convince the Commissioner of was the absence of the original was not evidence of intent to revoke by the Testator/rix. 

IMHO the existence of the original Codicil, assuming the usual language regarding reaffirmation and republication of everything not changed, is ample evidence that there was no intent to revoke at least at the time of the Codicil. 

John J. Sullivan

Sent from my iPhone

> On Jan 23, 2018, at 10:47 AM, Heather deVrieze <heatherd at westseattlelaw.com> wrote:
> 
> I have on more than one occasion needed to prove a copy of a Will in order to submit through probate.
>  
> I have a new to me situation where there is an original Codicil to an older Will. The Codicil was prepared by me, and I saw the original Will when I prepared the codicil several years ago, but now the original Will cannot be located, though the original codicil was being kept with a copy of the Will.
>  
> Thoughts on whether the affirmation of the Will, subject to the modifications contained in the codicil, is sufficient to get the two documents admitted to probate.
>  
> Heather
>  
>  
> Heather S. de Vrieze
> Attorney-at-Law
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> Seattle, WA 98116-3705                         
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