[WSBAPT] COVID-19 - Witnessing by Webcam?

[Scott Schill]

On March 23, 2020, Governor Jay Inslee issued Proclamation 20-25 Stay Home - Stay Healthy Order rendering in-person signings of estate planning documents a profound and often prohibitive safety issue, especially for older adults. We believe it is up to the legal community to help in this time of crisis and current Washington law may authorize a solution that would enable community members to remain safely at home while we address their urgent estate planning needs.
Here is a link to our call for action: http://tiny.cc/kd0ulz (This is an update, cleaner version of the message Christie Martin shared.)
Brief summary:
RCW 11.12.020 (Requisites of wills-Foreign wills) provides that a person other than, and in lieu of, the testator may sign testator's will so long as that person acts: (1) "under testator's direction" and (2) "in the testator's presence." RCW 11.12.020(1). For the reasons set forth at this link (http://tiny.cc/kd0ulz) we believe this statute and related authorities permit a testator via *video-conference* to direct her lawyer and witnesses to sign and attest her will. Specifically, with the right procedural safeguards, video-conferencing satisfies the "in testator's presence" requirement of RCW 11.12.020. Though it would make a case of first impression and is the product of exigent circumstances, practically speaking we believe this is the best solution for the present crisis and strongly encourage its adoption. Through this third-party will signing approach, vulnerable community members can remain safely at home while we address their urgent estate planning needs.
We would be grateful for feedback and support spreading the message.
NB: Yesterday Gov. Inslee issued Proclamation 20-27, Electronic Notary Effective Date.  "The result of this proclamation is that the delayed effective date in Laws of 2019, ch. 154, § 10(codified as a note following RCW 42.45.280), is removed and SB 5641, An Act relating to electronic notarial acts by remotely located individuals, will take effect immediately, until expiration of this Order.   https://www.governor.wa.gov/sites/default/files/proclamations/20-27%20-%20COVID-19%20Notary%20%28tmp%29.pdf (emphasis added)
Thank you,


Scott Schill
Attorney


Scott Schill
Attorney
425.559.7046 (Direct)
425.429.3581 (Office)
11711 SE 8th St., Ste. 205
Bellevue, WA 98005
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