[WSBAPT] Unsworn statements and self-authenticated wills

[Joshua McKarcher]

I maintain a Word document with the Washington and Idaho form of this, with citations for each so I don’t have to reinvent the wheel when I need to use this device (and especially after Washington “accidentally” disallowed this for wills at one point (which has been fixed); previously, 5.50.030(2)(e) disallowed this for wills, but (2)(e) is gone now, making this device work for will affidavits).

For what it’s worth, my models are below. I choose to preface the “I declare” with the citation to RCW 5.50 so that anyone reading it “somewhere out there in the universe” knows where to look for authority. (Also, note that Gen. Ct. R. Wash. 13 appears to still cite RCW 9A, but I don’t believe a judge would actually determine the “old” version of rule 13 would make the newer RCW 5.50 unavailable. All that said, I still personally choose to notarize will affidavits vs. use this device for will affidavits.) Best, Josh

Washington: Chapter 5.50 RCW; Gen. Ct. R. Wash. 13 [before July 1, 2019: RCW 9A.72.085; previously not valid for will execution under RCW 11.20.020 per 5.50.030(2)(e); In re Estate of Starkel, 134 Wash. App. 364 (2006)]

Pursuant to Chapter 5.50 RCW, I declare under penalty of perjury under the law of Washington that the foregoing is true and correct.

Date Signed                                                                                                                         Printed Name

Location (City/State; City/Country) Signed                                                                     Signature


Idaho: I.C. 9-1406; Idaho Rule of Civil Procedure 11.1 and 28

Pursuant to Idaho Code § 9-1406, I declare under penalty of perjury pursuant to the law of the State of Idaho that the foregoing is true and correct.


Date                                                                     [Name]



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of J A Cyphers
Sent: Friday, November 20, 2020 9:25 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Unsworn statements and self-authenticated wills

Look at RCW Chapter 5.50.
I am still sorting my way through this but it looks like they just took this out of Chapter 9A and put it into Chapter 5.50.
It was part of Engrossed Substitute Senate Bill 6028 passed in 2020 and effective 6/11/2020.

On Fri, Nov 20, 2020 at 8:37 AM <jcrspicatto at gmail.com<mailto: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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--
Jackie Cyphers
Jeannette A. Cyphers, Attorney at Law
P. O. Box 908
Edmonds, WA 98020-0908
telephone 425-776-5887
fax 425-640-0814
jacyphers at gmail.com<mailto:jacyphers at gmail.com>
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