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

[Betsy Wurdeman]

Hi David,

We have our first Will signing for an individual who is sick and quarantined.  Here is what I’ve developed to try and provide sufficient proof such that a reasonable Court could uphold the Will, with the hope that it will not be necessary.  This along with a letter to the client strongly advising him to come into our office to formalize the Will traditionally after the health crisis is over.  Not compliant with our statute, probably, but within the “spirit” of what was intended and the best we can do in this unique situation.

I would welcome your thoughts and others as we get creative to help these folks.

Thanks,

Betsy

Elizabeth 'Betsy' Wurdeman
Of Counsel
Attorney and Counselor at Law

HAWKES LAW FIRM, P.S.
19944 Ballinger Way NE Ste #100
Shoreline, WA 98155
Tel. 206.367.5000     Fax. 206.367.4005
betsyw at law-hawks.com<mailto:elizabethj at law-hawks.com>
www.hawkeslawcenter.com<http://www.hawkeslawcenter.com/>


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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of David Faber
Sent: Thursday, March 19, 2020 11:06 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Witnessing by Web-Cam - COVID-19

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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