[WSBAPT] Lack of subscribing witness - TEDRAT

[Josh Grant]

Thanks Eric!!

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Eric Nelsen 
Sent: Wednesday, July 11, 2018 4:45 PM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] Lack of subscribing witness - TEDRAT

Josh--From Reutlinger's Law of Wills and Intestate Succession:

 

A codicil not only alters or amends a will, but it also republishes it. This brings the will up to the date of the codicil, for any purpose for which the date of the document is important, unless to do so would be contrary to the intent of the testator.137

 

137   Thomas E. Atkinson, Handbook of the Law of Wills 470-73 (2d ed. 1953); 2 Jeffrey A. Schoenblum, Page on the Law of Wills §23.11 (2003 & Supp. 2016); Restatement (Third) of Prop.: Wills & Other Donative Transfers §3.4 (1999).

 

....

 

The concept of incorporation by reference stands behind certain other doctrines in the law of wills, although this is not always readily apparent. For example, the theoretical reason that a codicil republishes a will, bringing the date of its execution down to that of the codicil, is that the codicil in effect incorporates the existing will by reference.

 

See RCW 11.12.255. I don't have a case for you, but I could argue that regardless of whether the Will itself is a valid Will, a later Codicil "republishes it" and also "incorporates it by reference" as a writing, which effectively brings its contents within the self-proving affidavit of the Codicil.

 

It's not a bulletproof argument but it's all I've got at the moment.

 

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] On Behalf Of Josh Grant
Sent: Wednesday, July 11, 2018 4:20 PM
To: wsbar trust
Subject: [WSBAPT] Lack of subscribing witness - TEDRAT

 

I have a old 1967 will, they apparently didn’t do affidavits of subscribing witness in those days at the same time they did the will.

 

there are two newer codicils, both refer to the original will by date etc.  they both have the affidavits of subscribing witness .  No one in the fam knows the witnesses or what law firm did it.

 

Is there any authority that says “if a codicil refers to a will, and it has the affidavits of subscribing witness ... that’s good enough”?

 

Plan B is a TEDRA agreement which says “we authorize the court to consider this a valid LW&T” signed by all heirs...  CAn anyone share with me a TEDRA that says that.

 

Thanks

Josh

 

 

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578



--------------------------------------------------------------------------------
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180712/9361848c/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: advocates[3].png
Type: image/png
Size: 7674 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180712/9361848c/advocates3.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 7674 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180712/9361848c/image001.png>