[WSBAPT] failure of Will as to witnesses

[Kerry Brink]

I think in the original question, it said there were witnesses that were interested in the Will.  I remember a "supernumerary rule" from T&E - so if there were more than two witnesses to the will signing, then two witnesses may have been witness to any portion of the will referencing the third witness.

Best regards,
Kerry
Kerry E. Brink * Attorney at Law

Estate Planning, Probate, Elder Law

Vandeberg Johnson & Gandara, LLP
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Wednesday, April 28, 2021 9:08 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] failure of Will as to witnesses

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
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3909 California Avenue SW
Seattle, WA 98116-3705
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heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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