[WSBAPT] failure of Will as to witnesses

[Heather de Vrieze]

I successfully worked with a family on a TEDRA agreement with a similar situation when TEDRA was brand new.

Fellow had (using his mother's will as a template) drafted his own will, taken it to the bank for a notary. Disinherited all family and gave estate to girlfriend/partner of 20+ years. It helped that one of the intestate heirs was an aunt who was quite familiar with the relationship and decedent's wishes. She encouraged everyone else to sign on to the agreement.

Takeaway, if parties can agree, TEDRA allows us to do an awful lot. Without agreement, I expect this would be a much more challenging hurdle.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D73C0D.E5F0BD80]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

For the latest information regarding firm operations and precautions in light of the Coronavirus please visit our firm's website: www.WestSeattleLaw.com<http://www.westseattlelaw.com/>.


CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

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

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210428/03111e88/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 17884 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210428/03111e88/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 18009 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210428/03111e88/image002.png>