[WSBAPT] First e-will signing - e-presence of 2 witnesses under 5.50

[Joshua McKarcher]

Fearless Fellow Estate Planners of Washington:

Today we will assist a client in signing the first Washington electronic will in our practice. We have found Simplifile's RON platform as useful as its e-recording platform, and I recommend it if you wish to find a solution for your practice. (They are incredibly open to feedback from the non-real-estate-closing-agent RON users among us.)

If you wish to play along, we read RCW 11.12.450 (particularly (3)(b) incorporating RCW 5.50) to permit two people on the videoconference with the testator, with no actual remote online notary required (for the will at least), which two people can witness the e-will. If you read it otherwise, I would be grateful for the perspective.

Indeed, for whatever it's worth, I share below the asterisks our "e-will signature block when e-signed under 5.50" (which is nothing spectacular, mostly just a reformatting of the statute sub 3(b), with reader-friendly citations following "Pursuant to"). We will use Simplifile to e-sign in a videoconference. We intend to have our testator e-initial each page of the will for whatever that is worth to those still reading.

This has all turned out to be pretty straightforward, especially if you have done a non-will RON session or two first. All my best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com>


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Pursuant to RCW 11.12.450, I, First M. Last, the Testator, declare under penalty of perjury under the law of Washington that the following is true and correct: That I sign this instrument as my electronic will, I willingly sign it, I execute it as my voluntary act for the purposes expressed in this instrument, and I am 18 years of age or older, of sound mind, and under no constraint or undue influence.

First M. Last, Testator
Pursuant to RCW 11.12.450 and chapter 5.50 RCW, we, Kaitlyn M. Landreth and Mary E. Briggs, witnesses, declare under penalty of perjury under the law of Washington that the following is true and correct: That the Testator signed this instrument as the Testator's electronic will, that the Testator willingly signed it, and that each of us, in the electronic presence of the Testator, signs this instrument as witness to the Testator's signing, and to the best of our knowledge the Testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.



Kaitlyn M. Landreth, Witness

537 6th Street

Clarkston, Washington 99403





Mary E. Briggs, Witness

537 6th Street

Clarkston, Washington 99403



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