[WSBAPT] Witness fails to sign Will but signs the self-authentication affidavit

[Eric Nelsen]

Technically I think yes if both witnesses signed the self-proving affidavit. The attestation need not be signed if the self-proving affidavit is, per RCW 11.12.020(1)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.12.020>:


  1.  Except as provided in RCW 11.12.400<http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.400> through 11.12.491<http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.491>, every will shall be in writing signed by the testator or by some other person under the testator's direction in the testator's presence or electronic presence, and shall be attested by two or more competent witnesses, by subscribing their names to the will, or by signing an affidavit that complies with RCW 11.20.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.20.020>(2), while in the presence or electronic presence of the testator and at the testator's direction or request...

However, I think the will could be difficult to prove, or at least have some complications and have a risk of failing to prove, unless the witnesses also provide testimony confirming that the handwritten changes to the will were made before the testator signed.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Wednesday, September 28, 2022 9:03 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Witness fails to sign Will but signs the self-authentication affidavit

Listmates:

PC dropped off their original Will for review.   In addition to having made written changes directly on it (another pet-peeve of mine); one of the witnesses, whose name is typed in, did not sign as a witness, but did sign the self-proving affidavit.  Is the Will valid?  (you can read through the hand written changes so not worried about that).

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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