[WSBAPT] Signing estate planning documents in Canada

[Setareh Mahmoodi]

Thank you so much to both of you!

Setareh

On Mon, Dec 14, 2020 at 9:42 AM Eric Nelsen <eric at sayrelawoffices.com>
wrote:

> 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
>
>
>
> *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 <SM at LawOfficesofSM.com>*
>
> *Website: **http://www.lawofficesofsm.com/
> <http://www.lawofficesofsm.com/>*
>
>
>
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-- 

*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*

*Website: **http://www.lawofficesofsm.com/ <http://www.lawofficesofsm.com/>*


*CONFIDENTIALITY NOTICE:* This email message and any attachments is a
transmission from the law firm and is intended for the recipient only.  It
may contain information that is confidential and legally protected by the
attorney-client, work product and/or other privileges.  If you are not the
designated or intended recipient, please destroy the message without
disclosing any of its contents and notify us immediately by reply email or
by calling (425) 806-1500.

Pursuant to U.S. Treasury Department Regulations, we are now required to
advise you that, unless otherwise expressly indicated, any federal tax
advice contained in this communication, including attachments and
enclosures, is not intended or written to be used, and may not be used, for
the purpose of (i) avoiding tax-related penalties under the Internal
Revenue Code or (ii) promoting, marketing or recommending to another party
any tax-related matters addressed herein.
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