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

[Laura Latta]

Joshua,
Thank you for sharing your practice with us as you blaze this trail. I
often joke with my clients that the legal industry is stuck in the 1800s.
It's good to see us inching forward. Would you be willing to share how you
are handling the qualified custodian requirements? Are you serving as the
qualified custodian or is that Simplifile's role?

Warmly,
Laura

On Thu, Jan 13, 2022 at 11:29 AM Joshua McKarcher <josh at mckarcherlaw.com>
wrote:

> 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
>
> www.mckarcherlaw.com
>
>
>
>
>
> ****************************************
>
>
>
> 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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-- 


*Laura LattaLaw Office of Laura Latta PLLC*

she/her

Phone (206) 841-2344

www.LauraLatta.com

PO Box 82356

Kenmore, WA 98028



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