[WSBAPT] Will Self-Proving Affidavit Form

[Wynnie Johnson]

Hi, Heather,

Funny you asked this question because I have the same situation right now and just researched this for myself.  Depending on what you’re drafting for the client, the language to insert is different for power of attorney’s and wills.  For the POA, it can be signed by another person, but that person has to be a notary or an authorized officer.  This is not the case for someone signing for another if it’s a Will.

Here's the language that I will be inserting into my documents that I came up with –  so feel free to use it, but you can come up with your own as well.  I tried to stick as closely as possible to the language in the statutes.

FOR WILL:  If Testator is unable to sign, then include provision:

“Pursuant to the authority of RCW 11.12.030, this document was signed on behalf of the decedent, in his presence, and by his direction by me, John Smith”.

FOR POA:
_________________________
Principal Signature
Signature of ______ was affixed by the NOTARY PUBLIC, XX, residing at XX, Washington, date of expiration _____.

I, XX, NOTARY PUBLIC for the State of Washington, do hereby state that the Principal, ________, made this acknowledgment by orally directing me to sign his name on his behalf.  This acknowledgment was obtained under the authority of RCW 64.08.100.

__________________________
XX, NOTARY PUBLIC

Hope that helps,

Wynnie Johnson | Attorney
The Law Office of Wynnie Johnson, PLLC
T 425.369.4958 | www.wynnielaw.com<http://www.wynnielaw.com/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Heather de Vrieze <heatherd at westseattlelaw.com>
Date: Wednesday, March 22, 2023 at 3:06 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Will Self-Proving Affidavit Form
It has been a number of years since I did one of these, and believe that it may not be necessary even now, but I am creating a Will for a client who has lost almost all use of her hands. She believes she may be able to “make her mark on the Will”, but if she cannot, RCW 11.12.020 allows a will may be “signed by the testator or by some other person under the testator's direction in the testator's presence”.

I want to ensure that my self-proving affidavit appropriately addresses this, and before I re-invent the wheel (affidavit), I was wondering if someone has a tried and true form for this that they would be willing to share.

Heather

Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
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