[WSBAPT] Signature on Affidavit, not Will

[Doris Eslinger]

What does the Affidavit say? Can it be shown that the testator’s signature on the affidavit was intended as a signature for his will?

RCW 11.12.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.020>
Requisites of wills—Foreign wills.
(1) Every will shall be in writing signed by the testator or by some other person under the testator's direction in the testator's presence, and shall be attested by two or more competent witnesses, by subscribing their names to the will, or by signing an affidavit that complies with RCW 11.20.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.20.020>(2), while in the presence of the testator and at the testator's direction or request:


Regards,

Doris Eslinger
Eslinger Law Office
(425) 451-3237

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Monday, August 05, 2019 2:46 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Signature on Affidavit, not Will

Good Afternoon -

I am pretty certain the answer will be - it depends - but I have an original Will, it has been witnesses, it has a separate Affidavit that was signed by Witnesses and a Notary.  The testator signed on the Affidavit page BUT NOT on the final page of the Will itself.

Has anyone encountered a situation where the Commissioner rejected the document as failing to be properly executed?

Sadly - there are no page numbers indicating that the entire document is 10 pages, and there are no initials for the pages either. Hoping that because the witnesses names match, this would be sufficient to show that it was simply an execution error - but curious if anyone has crossed with this before.

Brent Williams-Ruth
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Office/Scheduling Phone: (425) 830-5134

Direct Mobile: (206) 889-7919

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.Williams-RuthLaw.com/> / facebook<http://www.facebook.com/bwrconsults> /

As of July 1, 2019 - I began operating as the Law Offices of Brent Williams-Ruth a division of BWR Consulting, PLLC. Please note the new points of contact Brent at Williams-RuthLaw.com<mailto:Brent at Williams-RuthLaw.com> and www.Williams-RuthLaw.com<http://www.Williams-RuthLaw.com>
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