[WSBAPT] [elder-law-section] last will and testament witnesses/newbie question

Thu May 24 14:49:31 PDT 2018

As I heard one estate litigation attorney say, the drafting attorney is already a witness, and probably there is no better one. So they might as well sign the declaration/affidavit. That said, if I suspect potential trouble down the road, I usually try to have someone other than myself sign so I am an additional witness to the other two regarding execution, capacity, etc. 

On the probate side of Wills I’ve witnessed where I now represent the PR, I always advise the PR I may have to resign if someone contests the validity of the Will. FWIW, a local judge told me no additional disclosure was warranted in the Petition, if attorney representing proposed PR also witnessed the offered Will (and volunteered the fact he had done it numerous times while in private practice himself). Hope that helps, Cy 

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)

phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640 Mullis St. Friday Harbor, WA

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From: Sara D. Longley [mailto:sara at longley-law.pro] On Behalf Of author.nameemail
Sent: Thursday, May 24, 2018 2:01 PM
To: Elder Law Section
Subject: RE: [elder-law-section] last will and testament witnesses/newbie question

I often witness for my estate planning clients.  The exception to this would be if you are named in the will as a beneficiary or to serve as an alternate Personal Representative.

Best,

Sara

cid:image001.jpg at 01D1F8A6.19C81E60

Sara D. Longley, J.D., LL.M.

LONGLEY LAW PLLC 

1734 NW Market Street

Seattle, WA 98107

 <tel:%28206%29%20434-5644> (206) 434-5644

 <mailto:Sara at longley-law.pro> Sara at Longley-law.pro

 <http://www.longley-law.pro/> www.longley-law.pro

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From: Mark Vohr [mailto:mcv at ohanafc.comelder-law-section@list.wsba.org] 
Sent: Thursday, May 24, 2018 1:50 PM
To: Elder Law Section <elder-law-section at list.wsba.org>
Subject: RE: [elder-law-section] last will and testament witnesses/newbie question

Yes.  It is our experience that attorneys witness wills for their clients all the time.   See RCW 11.12.160 and RCW 11.12.020.  

Mark

Ohana Fiduciary Corp.

A Washington Trust Company

Mark C. Vohr, J.D., CPG, Principal

PO Box 33710  Seattle, WA  98133

T:  (206) 782-1189 F:  (206) 782-1434

 <mailto:mcv at ohanafc.com> mcv at ohanafc.com       <http://www.ohanafc.com/> www.ohanafc.com

From: Harkiran Sekhon [mailto:harkiran at sekhonlawpllc.com] 
Sent: Thursday, May 24, 2018 1:44 PM
To: Elder Law Section <elder-law-section at list.wsba.org>
Subject: [elder-law-section] last will and testament witnesses/newbie question

Hi All, 

I had a witness fall through for the signing of a last will and testament.  Would I be able to stand in as a witness if i can't find a replacement? 

Thank you,

Harkiran

-- 

Harkiran Sekhon

Attorney 

Sekhon Law, PLLC

P: (253) 237-6163 | W: www.sekhonlawpllc.com <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.sekhonlawpllc.com&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=zkBWplYROZzHXvOZ5yKuH4lLl98aoNbIH9TKdSQs4LI&s=La0o9gRxdnxRwxNVeEhenA4pktks84QCIYuNYgZN-6c&e=>  | A: 707 S. Grady Way STE 600 Renton, WA 98057

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