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

[Jeff at bellanddavispllc.com]

Thank you for your responses.  I am not worried about whether the
handwritten changes are enforceable; just whether the Will itself is valid.
This is one of those typical cases where children from a prior marriage are
trying to interfere with the step-parent's rights.  

 

Jeff

 

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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Roger Hawkes
Sent: Wednesday, September 28, 2022 9:22 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Witness fails to sign Will but signs the
self-authentication affidavit

 

Do the handwritten changes change the substance of the plan?  If just
changing name of pr, or like that, court should approve it still.

 

From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Wednesday, September 28, 2022 9:03 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto: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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
recipient, any dissemination, distribution, or copying is strictly
prohibited. If you think that you have received this e-mail message in
error, please e-mail the sender at  <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com  or call 360.683.1129.

 

 

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