[WSBAPT] Will Signed by Agent

[Eric Nelsen]

Not a good look, is it? But it might be valid nevertheless, if the Agent signed for Testatrix at Testatrix's direction, in the presence of two witnesses, and Testatrix asked the witnesses to attest to the proxy signature. See RCW 11.12.020:

every will shall be in writing signed by the testator or by some other person under the testator's direction in the testator's presence or electronic presence, and shall be attested by two or more competent witnesses, by subscribing their names to the will, or by signing an affidavit that complies with RCW 11.20.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.20.020>(2), while in the presence or electronic presence of the testator and at the testator's direction or request.

The key testimony is by the witnesses, rather than the Agent. The Agent's DPA is meaningless in this context, of course; it is the ritual of signing before witnesses that determines whether the will is valid.

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 Jeff at bellanddavispllc.com
Sent: Monday, January 20, 2025 12:49 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Will Signed by Agent

Listmates:

First time to see this.  Testatrix dies one day after her Agent, under a durable power of attorney, signs her Will as her Agent.  Agent also gets everything.  Don't think I would even try presenting it to the Court for fear of the laughter.

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

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