[WSBAPT] How to handle lack of attestation of witnesses

Tue Sep 24 16:03:34 PDT 2019

Hi Joyce- In a similar situation recently (Only one witness whose signature was notarized) I filed a petition for appointment of administrator but disclosed the purported Will, with copy attached and reason we thought defective. Judge appointed administrator and we gave notice to those beneficiaries named in defective Will, who were slightly different than heirs at law (your case seems cleaner as they are the same). We are still waiting out the objection period but don’t anticipate problems. Generally, when possible I feel more comfortable over disclosing, especially in an ex parte context. Good luck! Thanks, 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: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of JOYCE SCHWENSEN
Sent: Tuesday, September 24, 2019 3:20 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] How to handle lack of attestation of witnesses

Thanks Jeanette. The Will is simple and leaves everything to the same people who would inherit if the estate were intestate. Do you think I can ethically ignore the Will and just file a Petition for determination of intestacy? Or is there an obligation to present the un-proven Will and try to prove it?

Joyce

Law Office of Joyce S. Schwensen

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of J A Cyphers
Sent: Tuesday, September 24, 2019 3:00 PM
To: Probate List Serve <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] How to handle lack of attestation of witnesses

If the witnesses signed the will and you are just lacking the attestation, see 11.20.040.

Where one witness is dead but someone can attest to their handwriting and other facts, then Court may accept that.

For instance, attorney was a witness and he is deceased but his spouse or secretary is alive and can attest to his signature and practice of witnessing wills.

I have never had to do this where both witnesses were deceased.  I would think that is a lot trickier.

If everyone agrees, you might try a TEDRA agreement to admit the will.

Jackie Cyphers

Jeannette A. Cyphers, Attorney at Law

P. O. Box 908   

Edmonds, WA 98020-0908

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fax 425-640-0814

jacyphers at gmail.com

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-------Original Message-------

From: JOYCE SCHWENSEN <mailto:Joyce at schwensenlaw.com> 

Date: 9/24/2019 2:34:10 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