[WSBAPT] Witness to a will.

Tue Apr 7 10:59:18 PDT 2020

The issue with the notary not acting as a witness in a will is because the
notary is acknowledging the signing by the witnesses not the testator. In
other documents if the notary is only acknowledging the signature of the
principal or party and not the witness, then there is no issue. 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Lewis, Amy C.
Sent: Tuesday, April 7, 2020 10:21 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Cc: Megan D'Anna <Megan.Danna at lucelawfirm.com>
Subject: Re: [WSBAPT] Witness to a will.

I don't have it handy, but there is a fairly recent WA case indicating that
a notary can serve as a witness (or as a notary, but not both) to the Will,
so it sounds like the notary plus the identifiable witness will get you to
two witnesses.

Amy Lewis, Attorney

1201 Pacific Avenue, Suite 1200| Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 |  <http://www.eisenhowerlaw.com/>
www.eisenhowerlaw.com

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 Ken Luce
Sent: Tuesday, April 7, 2020 9:43 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Cc: Megan D'Anna <Megan.Danna at lucelawfirm.com
<mailto:Megan.Danna at lucelawfirm.com> >
Subject: [WSBAPT] Witness to a will.

A client prepared a home-made will and the notary indicated " subscribed
before me on this 13th day of August 2019 by XXXXXXXXXXX who personhood is
known to me by form of valid identification.  Then it says "Witnessed" by
two but one of them is unidentifiable and unknown to the other witness.  Can
I have the one identified witness sign an affidavit that to have the will
admitted.  The problem is that the will excludes one child.

Any thoughts on having it admitted?

Kenyon E. Luce, Attorney

Luce & Associates, P.S.

4505 Pacific Hwy. E., Suite A

Tacoma, WA 98424

T: (253) 922-8724

F: (253) 922-2802

 <http://www.LuceLawFirm.com> www.LuceLawFirm.com
<https://www.facebook.com/pages/Luce-Kenney-Associates-PS/200703820101348> 

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