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

Tue Jan 18 13:06:28 PST 2022

Josh, thank you for your insights. My partner and I were hoping to execute
the first electronic will in Washington on January 1, 2022, but
circumstances intervened... we'll likely do our first one in the next week
or so.

*Brett T. Sullivan*
Attorney at Law

*Lucent Law, PLLC <https://lucentlaw.com>*
*South Hill Office*
1403 S. Grand Blvd., Suite 201-S
Spokane, WA  99203-2278

P: (509) 455-3713
D: (509) 828-4642
F: (509) 455-3718
E: brett at lucentlaw.com

LinkedIn <https://www.linkedin.com/in/brettsullivanspokane>
Facebook <http://www.facebook.com/lucentlaw>

CONFIDENTIALITY NOTICE: This email and any attachments are confidential and
may be protected by legal privilege. If you are not the intended recipient,
be aware that any disclosure, copying or distribution, or use of this email
or any attachment is prohibited. If you have received this email in error,
please notify me by returning it to the sender and delete this copy from
your system.

On Thu, Jan 13, 2022 at 12:24 PM Joshua McKarcher <josh at mckarcherlaw.com>
wrote:

> McKarcher Law is custodian under pursuant to 11.12.460(1)(d). This just
> isn’t as burdensome as keeping a safe full of original paper wills, which I
> decline to do for all but the nearest-to-death clients with NO family
> issues.
>
>
>
> I do not read the statute to disallow one qualified custodian to transfer
> custodianship to another qualified custodian. Specifically, I read
> .470(1)(b) to permit the “last in line” qualified custodian to provide the
> affidavit required; and I expect that, if it was transferred, the affidavit
> would ADD to the listed requirements, the affiant’s understanding (or even
> maybe “proof”) of which qualified custodian(s) held the will previous to
> the “last in line” qualified custodian/affiant.
>
>
>
> And, in any event, if the custodians screw up, the will can be proved like
> a “lost will” under the revised RCW 11.20.070. And, if there is good
> evidence that the document has not been modified since signing, admission
> to probate will be less difficult that admission of a truly lost paper
> will. I expect these will usually be “secure PDFs” with a “modified” file
> time/date stamp in, say, Windows or Mac “file explorer” that can easily be
> rendered on a computer screen; and, indeed, a screenshot of that unmodified
> date/time stamp for the subject PDF could even easily be added to the
> custodian’s affidavit. Not so difficult to connect the dots WHEN NEEDED,
> and it usually won’t be.
>
>
>
> I do think the legislature could do us all a favor and add a sentence to
> .460 or .470 to expressly state something like “A qualified custodian may
> transfer custodianship to another qualified custodian.” If the first is
> “still alive” s/he/it could simply provide an affidavit of their own to the
> successor custodian, which could be an exhibit to the “last in line”
> custodian’s post-death affidavit.
>
>
>
> And, in the age of end-to-end encrypted cloud storage and secure
> links/downloads, this all just doesn’t have to be that difficult and
> elusive. It can be done smartly and securely and solve a lot of peoples’
> difficult situations in ways that courts won’t have to rend their garments
> to adjudicate.
>
>
>
> All the 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
>
>
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Laura Latta
> *Sent:* Thursday, January 13, 2022 11:49 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] First e-will signing - e-presence of 2 witnesses
> under 5.50
>
>
>
> 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
>
>
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
>
>
>
> --
>
>
> *Laura Latta Law Office of Laura Latta PLLC*
>
> she/her
>
> Phone (206) 841-2344
>
> www.LauraLatta.com
>
> PO Box 82356
>
> Kenmore, WA 98028
>
>
>
> *NOTICE:  This communication may contain privileged or other confidential
> information. If you have received it in error, please advise the sender by
> replying to this email and immediately delete the message and any
> attachments without copying it or disclosing its contents to others.*
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220118/016b13b1/attachment.html>