[WSBAPT] How to remedy a lost will

[Eric Nelsen]

I've proved a will copy a few times. Here's a starting point-petition, proposed order, and notice. If you have one witness, and the attorney who took over the deceased attorney's files can produce a copy from their file to confirm contents, I think you are in pretty good shape. The last evidentiary hurdle, which is to show that the decedent hadn't deliberately revoked their will and destroyed it, is probably rebuttable by the step-son's testimony and the brother's confirmation that he doesn't contest. There's legal briefing in the petition. Feel free to call if you want to discuss.

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>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Anna Van Pelt
Sent: Tuesday, August 27, 2024 1:43 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] How to remedy a lost will

I have my first probate involving a lost original will. All we have is the "client's copy," which unfortunately does not have actual signatures but rather "s/[NAME]" for each signature. One of the signing witnesses has passed away, but I have located the other witness. Preparing attorney is also deceased, and the attorney who took over his files does not have the original. Prior to passing, decedent showed his step-son the client's copy of his will and told him probate would be easy (ha!) because he left everything to his step-son.

I don't think proceeding intestate works because the decedent named his step-son as the sole heir, but does have a surviving brother (who would inherit under RCW 11.04.015). The brother supports naming the step-son as PR and for the step-son to inherit everything. The brother will sign a waiver of notice and anything else that supports the step-son being able to inherit. Alternatively, if brother disclaimed his interest, could step-son inherit under RCW 11.04.095? Has anyone had success with this argument?

Back to the client's copy of the will -- has anyone had success getting a "client's copy" admitted in place of a lost will? If someone is willing to share their petition, order, and any supporting documents, I would deeply appreciate it.

Jx is King County.

Thanks,
Anna

Van Pelt Law
(206) 635-7250
www.vanpeltlegal.com<http://www.vanpeltlegal.com/>
Pronouns: She/Her

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