[WSBAPT] Signing estate planning documents in Canada

[Eric Nelsen]

I have read RCW 11.12.020 to mean that if client is domiciled in WA, then they can execute a will using Washington procedures no matter where they are.

RCW 11.12.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.020>
Requisites of wills—Foreign 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.

I know that statute is mainly to validate wills executed under other jurisdictions’ laws, but I think it reads both ways: it should also allow execution of a will of a WA domiciliary under WA procedures anywhere in the world.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Setareh Mahmoodi
Sent: Monday, December 14, 2020 8:00 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Signing estate planning documents in Canada

Hello,

I have a client who is stuck in Canada and needs to sign their estate planning documents. They can't come to WA to sign here at this time. Has anyone faced this issue before and if so, what, if anything, different do they need to follow in order to complete the signing in Canada so that the documents would be valid in WA?

Thanks so much for any guidance you can provide.

Setareh

--

Best regards,



Setareh Mahmoodi

Attorney at Law

18222 104th Ave NE, Suite 103

Bothell, WA 98011

Phone: 425-806-1500

Fax: 425-489-4142 (Please email documents if at all possible)

Email: SM at LawOfficesofSM.com<mailto:SM at LawOfficesofSM.com>

Website: http://www.lawofficesofsm.com/



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