[WSBAPT] duty to deliver will - RPC 1.6
John White
white at livengoodlaw.com
Thu May 30 16:05:53 PDT 2019
How does one determine whether the will has (or has not) been revoked, if all counsel has is a copy. It there is a later will, or if the testator or testatrix revoked the will, the copy is a nullity, no?
The presumption is revocation if the original cannot be located. That is a ground to oppose an order based on the duty to produce the will under the statute.
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John J. White
425.822.9281 Ext. 7321
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Thursday, May 30, 2019 3:33 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] duty to deliver will - RPC 1.6
A copy of a Will can be determined valid and I have used a copy many times to open probate. The RCW says “any will” so not sure why a copy would make a difference. I would file it with the court especially given the threats by counsel and order of the court. You can file it as a copy… validly executed – 2 witnesses, dated and signed. Does the copy of the Will fit that description?
Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.329.4079
360.568.8092 fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
LICENSED IN WASHINGTON AND OREGON
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Rick Hoss
Sent: Thursday, May 30, 2019 3:27 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] duty to deliver will - RPC 1.6
Dalynne,
I have a copy only. “Will” means an instrument validly executed. RCW 11.02.005(20).
Rick
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Thursday, May 30, 2019 3:16 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] duty to deliver will - RPC 1.6
File the Will as directed in the RCW. Inform the heir that you have done so.
RCW 11.20.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.20.010>
Duty of custodian of will—Liability.
Any person having the custody or control of any will shall, within thirty days after he or she shall have received knowledge of the death of the testator, deliver said will to the court having jurisdiction or to the person named in the will as executor, and any executor having in his or her custody or control any will shall within forty days after he or she received knowledge of the death of the testator deliver the same to the court having jurisdiction. Any person who shall wilfully violate any of the provisions of this section shall be liable to any party aggrieved for the damages which may be sustained by such violation.
Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.329.4079
360.568.8092 fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
LICENSED IN WASHINGTON AND OREGON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Rick Hoss
Sent: Thursday, May 30, 2019 3:09 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] duty to deliver will - RPC 1.6
Listmates,
If a lawyer has a copy of a will must it be provided to an heir who is not the personal representative?
RPC 1.6 (a) says that a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted in RPC 1.6(b). RPC 1.6(b)(6) says the lawyer may reveal information relating to the representation of a client to comply with a court order.
My client agreement authorizes me to disclose information to the personal representative. Seattle lawyer for heir obtains ex parte court order requiring me to deliver copy of will. He threatens the estate will suffer loss if I don’t comply now.
Ethics hotline response is generally don’t disclose and resist court order. We have tried hard to find the personal representative and back up with no luck.
Suggestions?
Thanks.
Rick Hoss
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