[WSBAPT] failure of Will as to witnesses

Roger Hawkes Roger at law-hawks.com
Tue Apr 27 17:12:02 PDT 2021


Not a will; but confusing facts: is the notary an 'interested party'?

Roger Hawkes, WSBA # 5173
Hawkes Law Firm and Sultan Lawyers
19944 Ballinger Way NE, Shoreline, WA 98155 and
423 Main, Sultan, WA 98294
206 367 5000
360 799 6438

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Tuesday, April 27, 2021 4:23 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] failure of Will as to witnesses

Client did his/her own Will and signed at one of these mailing type stores where they have notaries.  Notary signed.  No Witnesses - dispositive terms eliminated a deceased child (and his/her descendants).  Will fails and intestacy or any of you legal eagles out there think a TEDRA petition could be done acknowledging that the Will was not validly witnessed but should none the less be followed and be reformed by the court  (mistake of law under 11.96A.125) - or course the only witnesses to the signing are interested parties.

I feel like I know the answer already but thought I'd just confirm my suspicions or learn something new.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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