[WSBAPT] Proving Copy of Will

[Karl Flaccus]

Proving a copy of a will is not all that hard, and I agree that a codicil indicates at its execution that a will was then in effect.  But the questions remains, what happened after the codicil was signed?  I would think you need what is normally needed to prove a copy of the will, that is, that it was not destroyed with the intent to revoke between the date of the codicil and the date of death.

FLACCUS LAW
7010 35th Ave. N.E.
Seattle, Washington  98115
206 523-0297

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Martin Silver
Sent: Tuesday, January 23, 2018 1:16 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Proving Copy of Will

cannot you rely on the court to take judicial notice that all things being equal an underlying will would not be destroyed without also destroying a codicil?  Seems to me John’s point is well taken

From: Karl Flaccus<mailto:Karl at flaccuslaw.com>
Sent: Tuesday, January 23, 2018 12:25 PM
To: WSBA Probate & Trust Listserv<mailto:wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Proving Copy of Will

That raises the question of what happens if the testator destroys an underlying will with the intent to revoke it, but does not destroy the codicil.  In that case, generally, the codicil loses all effect, because it only has effect insofar as it relies upon an underlying will.

Therefore, I would think in your case that the underlying will has no less a stringent requirement for proof.  That is, you cannot merely rely on the codicil to admit a copy of the will.

Karl

FLACCUS LAW
7010 35th Ave. N.E.
Seattle, Washington  98115
206 523-0297

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Tuesday, January 23, 2018 10:48 AM
To: 'wsbapt at lists.wsbarppt.com' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Proving Copy of Will

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
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
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