[WSBAPT] Unsworn statements and self-authenticated wills

[Joshua McKarcher]

Jenny,

I am not at my computer just now, but I am pretty sure the device did not go away, it just moved from one statute to another. Don’t fret for now, as I have a feeling you will get many replies in the next few minutes identifying the new authority for that very useful device.

Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of jcrspicatto at gmail.com <jcrspicatto at gmail.com>
Sent: Friday, November 20, 2020 8:33:26 AM
To: wsbapt at lists.wsbarppt.com <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Unsworn statements and self-authenticated wills

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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