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

[Philip N. Jones]

I agree with Cyrus’ comments.  I often (usually) witness wills.  If it is a sensitive situation, I use another attorney as the second witness, and we both have a conversation with the testator and take good notes.  If it is a very sensitive situation, I have two attorneys witness and I do not.  But we all have the conversation and take extensive notes.
If the will is contested, I usually get an experienced trust/estate litigator, and I am the star witness as the drafter and the person who had the most conversations with the testator.  It is difficult to set aside a will where the attorney took the precautions described above.  Of course, there are exceptions to that statement, but not many.
Phil Jones
Portland, OR

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Cyrus Field
Sent: Thursday, May 24, 2018 2:50 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] [elder-law-section] last will and testament witnesses/newbie question

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
(206) 434-5644<tel:%28206%29%20434-5644>
Sara at Longley-law.pro<mailto:Sara at longley-law.pro>
www.longley-law.pro<http://www.longley-law.pro/>

This email is intended only for the individual to whom it is addressed and may contain information that is privileged, confidential, and/or exempt from disclosure.  If you have received this message in error, please inform the sender by telephone or reply email and delete this message and all attachments.  Thank you.

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