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

Tue Dec 8 14:20:04 PST 2020

Agree with Joshua. I and several others were tasked with looking at the Uniform Electronic Wills Act for adoption in Washington, and the physical presence of witnesses is a significant issue in that legislation.  We made recommendations and have forwarded those back to Senator Peterson who wishes to sponsor the bill, but can’t say where it stands right now.  The statute as written is pretty clear, and the potential for fraud, undue influence, others in the room, etc. are high and will all need to be looked at carefully.  Washington also does not have provisions for “substantial compliance” in connection with the execution of wills.  I had a will once were the witnesses affirmed with a declaration, but the drafter put a jurat over the declaration.  Even though the integrity of the document seemed unquestioned, the commission rejected with will, sent me off to get new declarations, based on the argument that what the will contained was neither a declaration or an affidavit.

Regards,

Mark

Mark C. Vohr, Esq.
Ohana Fiduciary Corp.
Ohana Financial Services
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com      www.ohanafc.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Tuesday, December 8, 2020 2:00 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will signed and witnesses subscribed names to Will but saw signing by facetime

I believe that the statute will need to be amended in order to make that work...  “in the presence of the testator” seems pretty clear that they have to be physically present??  present but looking through a window ...  is probably just as effective in meeting the goal of the statute as ZOOM but who knows?

Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Dalynne Singleton
Sent: Tuesday, December 08, 2020 1:32 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Will signed and witnesses subscribed names to Will but saw signing by facetime

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<https://urldefense.proofpoint.com/v2/url?u=http-3A__app.leg.wa.gov_RCW_default.aspx-3Fcite-3D11.12.020&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=V3zrUwePLpHlV6C8Px9vfeHwX4JSrn2aXO7e-QHnmBQ&s=Cc_Jk2EU13YIzYsbkwVm3sSjthnSHxSC4-XN2v1mJtc&e=>
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<https://urldefense.proofpoint.com/v2/url?u=http-3A__app.leg.wa.gov_RCW_default.aspx-3Fcite-3D11.20.020&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=V3zrUwePLpHlV6C8Px9vfeHwX4JSrn2aXO7e-QHnmBQ&s=cOKsQGP85mZ38D5QxZV8nNQprI8sNyx4cDxR-qTTPNw&e=>(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<http://www.glglawgroup.com>

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