[WSBAPT] Unsworn statements and self-authenticated wills
John J. Sullivan
sullaw at comcast.net
Fri Nov 20 08:41:18 PST 2020
Jenny:
Look in the archives. There was a lengthy discussion about this when the uniform law was passed. I know the appropriate people at WSBA in the Section were made aware and are working on it.
I can’t remember whether it’s been fixed yet or not.
John J. Sullivan
Sent from my iPhone
> On Nov 20, 2020, at 8:33 AM, jcrspicatto at gmail.com wrote:
>
> Effective July 1, 2021, RCW 9A.72.085 stops being effective. This part of
> the perjury statute authorizes the unsworn statement signed with the "I
> declare under penalty of perjury ." language to be admitted as testimony in
> court without notarization. As this is simpler than notarizing a witness
> statement to self-authenticate a will, I've relied on this perjury statute
> for years and had no trouble getting such self-authentication clauses
> accepted by Washington judges in probate proceedings. Starting July 1st,
> what happens? Do self-authentication clauses authorized by RCW 11.20.020(2)
> need to be notarized to be accepted as testimony, as was the case before
> 9A.72.085 was adopted?
>
> Jenny Rydberg, JD
> 206-550-5491
>
> "The vote is precious. It is almost sacred. It is the most powerful
> non-violent tool we have in a democracy." - John Lewis
>
>
>
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