[WSBAPT] Will Signed by Agent

[Brent Williams-Ruth]

As someone who does hospital visits and those who are truly near the end of
life....after conducting my own competency analysis.....I frequently will
utilize the permissions under RCW 42.45.070 to have someone else sign, but
I make sure to follow the statute by including the language requested.   I
add, however, my own additional requirement that the person signing follow
the same rules as to who can be a witness, specifically no one that is in
the Will itself....simply because, as Eric said - not a good look.

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

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Office/Scheduling Phone: (253) 285-7751

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On Tue, Jan 21, 2025 at 9:12 AM Eric Nelsen <eric at sayrelawoffices.com>
wrote:

> 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
>
>
>
> *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
> www.bellanddavispllc.com
>
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