[WSBAPT] Will signed and witnesses subscribed names to Will but saw signing by facetime

[Dalynne Singleton]

I have an unusual situation and want to see if anyone else has presented a Petition for Testate probate with 2 witnesses who were asked to witness Will signing by using facetime or similar Zoom while not "in physical presence" of testatrix.
Has the court accepted this as valid pursuant to RCW 11.12.020?  I have asked the witnesses to sign an attestation document since their signatures were not notarized pursuant to RCW 5.50.
RCW 11.12.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.020>
Requisites of 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: PROVIDED, That a last will and testament, executed in the mode prescribed by the law of the place where executed or of the testator's domicile, either at the time of the will's execution or at the time of the testator's death, shall be deemed to be legally executed, and shall be of the same force and effect as if executed in the mode prescribed by the laws of this state.
(2) This section shall be applied to all wills, whenever executed, including those subject to pending probate proceedings.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com

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