[WSBAPT] Half-Baked Will

[Jeff at bellanddavispllc.com]

Listmates:

 

In front of me is a Will that I am told was prepared by a lawyer (unnamed).
It leaves everything to the spouse, who predeceased the testator.  No
reference to what happens if spouse predeceases, although in the general
terms it mentions that survivorship is twenty days and gives a general
definition of right of representation.  Will is signed.  However the witness
attestation provision is this:

 

We, the undersigned, certify that on this date the Testator, ____, signed
the foregoing

Document as and for the Testator's Last Will and Testament in our presence,
and that we,

at the Testator's request, in the Testator's presence and in the presence of
each other, have 

signed our names hereto as subscribing witnesses.

 

Dated at ________, Washington, this ___ day of _______, 2023.

 

Nothing is notarized.  First question, I assume the entire estate goes to
the predeceased spouses estate.  Am I wrong?  Second,  I believe I can fix
the attestation clause by having the witnesses signing a new one that is
more complete, provided I can find them in a very large city in Snohomish
County.  We do new attestation clauses for lost Wills, is there anything
wrong with fixing the old one?

 

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:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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