[WSBAPT] Do we even need a notary for a Will signing?

[Roger Hawkes]

We don't need notaries for a valid will.  Witnesses can validate a will even without the declaration; the issue is whether a witness has to be located to testify to the will signing when the testator dies.  By doing a declaration or an affidavit, the witness testimony is preserved so the will can be probated without finding  a witness to testify to it.  I haven't researched specifically for this holding, but to my knowledge there is no appellate case saying the declaration is as good as an affidavit in those circumstances; but presumably the statute makes it so.

Roger Hawkes, WSBA # 5173
Shoreline Office: 19944 Ballinger Way NE
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Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jared E. Adams
Sent: Wednesday, March 25, 2020 11:42 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Do we even need a notary for a Will signing?


For witnessing Wills, can't we still use an unsworn statement of the witnesses under RCW 9A.72.085? Isn't that statute still effective until July 1, 2021?





Jared E. Adams, JD, LL.M.



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