[WSBAPT] PROBATE MATTER - NO ORIGINAL ON WILL - ONLY THE COPY

[Eric Nelsen]

If only a copy can be found, it can only be proved as a "lost will." There are three proof requirements: (1) prove the contents of the lost will (easy if you have a copy); (2) prove the proper execution of the lost will (easy if the copy you have has a self-proving affidavit attached, which is still a valid affidavit even if only a copy); and (3) rebut the "weak presumption" that the lost will is missing because the testator destroyed it with intent to revoke it (animo revocandi). Attached is an anonymized form of a petition I did some years back. Note that the petition does require notice to all interested parties, both heirs at law and persons who would take under the will. RCW 11.20.070<https://app.leg.wa.gov/RCW/default.aspx?cite=11.20.070>.

I recently proved another lost will and rebutted the animo revocandi presumption with a declaration from the testator's friend who had had custody of the will since its execution, confirming that the testator never had the original in their possession and so could not have destroyed it themselves; and the friend had apparently accidentally thrown it out while cleaning their office.

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>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Fern Herbert
Sent: Monday, February 6, 2023 3:55 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] PROBATE MATTER - NO ORIGINAL ON WILL - ONLY THE COPY

Hello Listmates,

Can anyone share how you handle the issue of there being only a copy but no original of the Will for a probate matter. This is a King County matter. Any forms that you may have that would be necessary would be appreciated.

Fern Herbert
Managing Attorney
Zenith Law Group, PLLC

Business Mailing Address
4320 196th St. SW B-712
Lynnwood, WA  98036
Phone/Fax: (425) 822-6311

Office locations in: Arlington, Bellevue, Bothell, Everett, Kirkland, Lynnwood, Mt. Vernon, Renton, downtown Seattle


*The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that unauthorized viewing, dissemination, distribution or copying of this transmission is in violation of the Electronic Communications Privacy Act of 1986 (18 U.S.*C. § 2700 *et seq.) as well as Domestic and International Laws and Treaties. If you have received the communication in error, please immediately notify  Zenith Law Group by telephone call to (206) 686-7373.*

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230207/6c569321/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: lost will.pet.doc
Type: application/msword
Size: 55918 bytes
Desc: lost will.pet.doc
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230207/6c569321/lostwill.pet.doc>