[WSBAPT] COVID-19 - Witnessing by Webcam?

[Roger Hawkes]

I believe that notarization has to be in the physical presence of the signer; I think that should also be changed by legislation to allow electronic viewing of the signing.

Roger Hawkes, WSBA # 5173
Hawkes Law Firm, P.S. and Sky Valley Lawyers, PLLC
Office: 19944 Ballinger Way NE
              Shoreline, WA 98155
                         And
               423 Main, Sultan, WA 98294

               Voice: 206 367 5000
                Fax:    206 367 4005
                www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of David Faber
Sent: Monday, March 16, 2020 10:58 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] COVID-19 - Witnessing by Webcam?

As we face lockdown due to COVID-19 (and doubly so because our client base is more likely to be in a vulnerable population), I'm exploring how much can be done using technological solutions. Specifically:

(1) Pursuant to RCW 11.125.050(1), would witnessing a POA signing by webcam sufficiently constitute being "in the presence of the principal"?

(2) Similarly, would witnessing a signature on a Will be sufficient for signing a self-proving affidavit?

Seems to me the answer to (2) is slightly closer to an easy "yes" than (1) given all the leniency to the witnessing requirements that exist, but I'm in the dark here and wondering if anyone has any specific knowledge or experience that could prove helpful and instructive at this point in time. I would surmise this entire list would greatly appreciate this knowledge and practice advice while we try to navigate this unprecedented health crisis.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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