[WSBAPT] Very Old Will never presented to Court - when does it become "stale"?

Tue Jan 3 16:28:40 PST 2023

I “hope” Washington policy is both "no SOL on probating a will" — Idaho’s 3-year limit just seems more problem-causing than problem-solving in my view — but also "meaningful application of 11.20.010," even to the point of charging a will-holding-devisee their entire inheritance, say, if they withheld a will for so long as to have aggrieved others equal in value to the inheritance. (Such as when they repeatedly failed to produce the will when pushed for years on legal issues that would have been moot had the wills been produced!)

I think it far better public policy to (step 1) permit the probate of a will that at least initially appears validly executed and witnessed (subject to all the usual tests and proofs of that), and then (step 2) make adjustments as needed such as by application of 11.20.010 or even equitable principles.

Otherwise, like Idaho, we throw the entire baby out with whatever bath water we think needed throwing out because of the passage of time.

Many wills are perfectly "good" -- and certainly useful -- years after death; have no devious purpose in NOT being probated other than innocent ignorance on family's part; and can resolve expensive problems inexpensively and properly.

My two cents, and, with apologies, helpful toward nothing at all, Dalynne.

Best, Josh

Joshua D. McKarcher

McKarcher Law PLLC

537 6th Street

Clarkston, WA 99403

(509) 758-3345

(509) 758-3314 (fax)

josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>

www.mckarcherlaw.com<http://www.mckarcherlaw.com/>

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Heather de Vrieze <heatherd at westseattlelaw.com>
Sent: Tuesday, January 3, 2023 5:16 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Very Old Will never presented to Court - when does it become "stale"?

What about RCW 11.20.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.20.010>? Is the client aggrieved by the failure to file the Will? What damages might have incurred?

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Tuesday, January 3, 2023 3:40 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Very Old Will never presented to Court - when does it become "stale"?

I remember reading caselaw recently that indicated a Will brought forward after so many years is “stale” and invalid.  I can’t help but think about Professor Holdych – so is 2 years too late; what about 3 years, is that too late but 2 years 11 months is ok?

I have a client who wants to evict an old acquaintance of his mother’s from the estate home and sell it.  This person has lived there for years and never paid a dime but client felt sorry for him for awhile, kept giving him many, many chances to move and find another place.  Long story short, when my client brought eviction proceedings, all of a sudden this person now presents a Will that says friend gets entire estate and home.  It is very fishy indeed.

Anyone remember this case?

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
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