[WSBAPT] Petition to Admit Unsigned Will

[Amy Goertz]

Good morning, listers,

I have an upcoming hearing to admit an unsigned Will to probate. The Will is dated, initialed at the bottom, and witnessed by two witnesses.

The decedent signed estate planning documents with two witnesses, and they passed around paperwork and thought everyone signed and witnessed as necessary. However, only after her death when the Will was reviewed for probate did they discover that the signature line on the Will is blank. The Will is dated, initialed at the bottom of each page, and the Affidavit of Witnesses is filled out and signed. I have submitted additional Declarations from the Witness as to the circumstances of signing the documents and recent emails from the decedent where she discusses her Will.

In my Petition, have argued the following:

	1. Petitioner can sign by mark (arguing that her initials at the bottom are her “mark.”)
	2. Law favors testacy
	3. Testator is presumed not to intend to die intestate
	
Does anyone have any arguments, statutes, or case law to bolster the admission of this Will to probate?

Such as, 
	
	What constitutes a “mark”?
	Preference to admit the Will and allow a Will contest rather than reject the Will?	
	
I appreciate any insight you might have!






Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>







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