[WSBAPT] How to handle lack of attestation of witnesses

[Eric Nelsen]

If the witnesses didn't sign, how can you know they were witnesses to the Will? I think that's no good, unprovable.

To make a Will valid, the witnesses absolutely must sign "while in the presence of the testator and at the testator's direction or request." RCW 11.12.020<https://app.leg.wa.gov/RCW/default.aspx?cite=11.12.020>. With the alleged witnesses deceased, I don't see any way around it.

Only alternative I can think of is a TEDRA agreement between all heirs and Will beneficiaries, agreeing that the Will reflects the true intent of the testator and agreeing that it is valid and should be followed.

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 JOYCE SCHWENSEN
Sent: Tuesday, September 24, 2019 2:30 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] How to handle lack of attestation of witnesses

I'd like some suggestions on the best way to approach the court with a Will that has no attestation of witnesses, and both witnesses are known to be deceased.

Thank you, Joyce Schwensen

Law Office of Joyce S. Schwensen
Joyce S. Schwensen, PS
12055 15th Ave NE
Seattle, WA  98125
Tel: (206) 367-1065
Fax: (206) 899-1674
Joyce at SchwensenLaw.com<mailto:Joyce at SchwensenLaw.com>
www.SchwensenLaw.com<http://www.schwensenlaw.com/>

PLEASE NOTE NEW ADDRESS: 12055 15TH AVE. NE, SEATTLE, WA 98125.

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