[WSBAPT] Witnessing by Web-Cam - COVID-19

[David Faber]

I'm going to try this again, because my email from Monday seemed to have
everyone thinking that I was asking about electronic notarization. *This
email has nothing to do with the electronic notarization law coming into
effect on 1 October 2020*.

Given COVID-19 and the emergency measures in place, I'm having a lot of
clients full-up with anxiety wanting to make sure their documents are in
order, and with good reason. Toward the end, and to try to maintain social
distancing, I'm trying to explore creative means of witnessing:

(1) Is any reason to think that witnessing a signature by
web-camera sufficiently constitutes being "in the presence of the
principal" for purposes of a POA (please note that RCW 11.125.050(1) allows
a POA to be *either* notarized *or* witnessed by two witnesses, and I'm
speaking to the latter).

(2) Also, is there any reason to think that witnessing a signature by a
Testator on a Will be sufficient for signing a self-proving affidavit?

All of the materials I have suggest that this issue has never been
addressed by our legislature and has never been tested in the court (or no
test has ever gone far enough to receive a published opinion), but I'm sure
it's of a lot of interest to people right now. Any thoughts?

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

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