[WSBAPT] declaration of witnesses to wills in Snohomish County

[Dennis Burman]

Nick, thanks so much for telling me about the case law and the recent statutory change!

 

Dennis

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nicholas Pleasants
Sent: Wednesday, June 10, 2020 7:47 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] declaration of witnesses to wills in Snohomish County

 

Witness attestation to the Will does not need to be notarized. See In re Estate of Starkel, 134 P.3d 1197, 134 Wn. App. 364 (Wash. App. 2006). Declaration is adequate to admit a Will. I have not heard of any problems in Snohomish County on this issue. And the legislature has enacted a fix, which the governor has signed, to permanently codify this issue. See SB 6028 Sec. 23 (https://app.leg.wa.gov/billsummary?BillNumber=6028 <https://app.leg.wa.gov/billsummary?BillNumber=6028&Year=2019> &Year=2019), which will be effective tomorrow, June 11, 2020! Professor Karen Boxx and Senator Jamie Pedersen led an effort to fix this potential issue. The bill amends RCW 5.50.030 (https://app.leg.wa.gov/RCW/default.aspx?cite=5.50.030) to delete sub (2)(e). The effect is that an unsworn declaration should suffice to authenticate a Will.

 

Best,

Nick  

 

Nicholas Pleasants

Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel/fax
 <mailto:nick at pleasantslaw.com> nick at pleasantslaw.com

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From: <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > on behalf of Dennis Burman <dburman at premier1.net <mailto:dburman at premier1.net> >
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Date: Wednesday, June 10, 2020 at 10:55 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] declaration of witnesses to wills in Snohomish County

 

Do any of the commissioners have an issue with declarations of witnesses rather than affidavits of witnesses being presented in support of wills?  Thanks.

 

Dennis Lee Burman

PO Box 1620

Marysville, WA  98270

(360) 657-3332

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