[WSBAPT] Self-Proving Affidavit

[Paul Neumiller]

This is my practice also.


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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Wednesday, July 11, 2018 3:20 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Self-Proving Affidavit

I don't have the testator sign the affidavit, but I do have her/him initial the bottom of every page including the self-proving affidavit. It's not a requirement but I have that done just for evidentiary purposes, to support the fact that the testator actually saw every page including the affidavit at the time of signing, and the affidavit was attached to the Will at the time of signing.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Philip N. Jones
Sent: Wednesday, July 11, 2018 3:01 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Self-Proving Affidavit

Unless I am missing something here (always a possibility), I would be surprised to see legal authority suggesting that the testator needs to sign the affidavit.
If anyone has such authority, please send us a copy, or a cite, or something.  I will then call my malpractice carrier.
Phil Jones
Portland, OR

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of William Brewer
Sent: Wednesday, July 11, 2018 2:54 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Self-Proving Affidavit

Greetings, does the testator have to sign the actual “Self-Proving Affidavit” page that is attached to their Will in order for it to be self-proving or can just the witnesses sign that page and have it notarized. My “research” has come up with conflicting answers.

Thanks.


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