[WSBAPT] questions re will delivery requirement

Tue Dec 6 09:30:18 PST 2022

Hi Sharon,

Your analysis sounds correct to me, although I suppose someone could try to make an argument about "damage."  It sounds as though the later will should be accepted, and what quantifiable damages could anyone claim from the short delay in filing an original will that's superseded by a later one?

One thing I discovered in a recent hearing: because you only have a copy, be sure to have declarations from both will witnesses to the later will to submit with your petition.  Feel free to contact me off-list if you want to find out more about my recent experience.

Best,
Candace Wilkerson

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sharon Rutberg
Sent: Tuesday, December 6, 2022 11:36 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] questions re will delivery requirement

Hello, friends -

A little help? Client is named PR in her friend's Will, of which we can only find a copy.  She also has in her possession an earlier original Will, in which she is also named PR. The later Will revokes the prior one, and client believes her friend did not revoke the later Will. We are preparing a petition to probate the later Will copy and will be noticing a hearing that will not happen until 2023.

My question - RCW 11.20.010 says that a person having custody of "any will" shall deliver the will to the court within a short time frame. A party in violation of this rule "shall be liable to any party aggrieved for the damages which may be sustained by such violation." I wonder what to do in this instance. Do we do a "will only" filing of the copy of the Will now? It seems like we should get the court's ruling on whether it's a valid will first. Do we deliver the original Will that we believe has been revoked? I am reluctant to begin a probate matter by filing a will we believe is no longer in effect.  Are we okay waiting until we have our petition on the copy of the will ready and then submit both wills at the same time we file the petition?

In this case, I do not see that any party would be "aggrieved," in the language of RCW 11.20.010, by our holding off filing the will documents until we have our petition ready. The people named in the wills will receive notice of the hearing on the Will copy.

I would appreciate your thoughts.

Sharon

Sharon C. Rutberg, Attorney at Law
Salmon Bay Law Group, PLLC
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Seattle, WA 98107
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