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

[Leighann Hansing]

It's likely valid... the witnesses needs to subscribe their names to the Will or sign the affidavit (see below). Most of us do both to CYA but its not necessary.

RCW 11.12.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.020>
(1) ... 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),

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>
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