IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF KING

In re the Estate of

[^deceased],

Deceased.	No. ^

PETITION FOR AN ORDER (1) PROVING EXECUTION AND CONTENTS OF LOST WILL AND ADMITTING SAID WILL TO PROBATE; (2) APPOINTING PERSONAL REPRESENTATIVE; (3) ADJUDICATING SOLVENCY OF ESTATE; AND (4) DIRECTING ADMINISTRATION WITHOUT COURT INTERVENTION

Petitioner [^Petitioner] respectfully presents as follows:

1. Jurisdiction and Venue. [^deceased] died a resident of ^ County, Washington, on ^date. Decedent is known to have executed a Last Will and Testament on ^date, the original of which has not been found.

2. Lost Will. Filed with this Petition are the Declaration of ^Witness 1 and Declaration of ^attorney confirming that Decedent executed a Last Will and Testament on ^date, drafted by attorney ^, and witnessed by ^ and ^.

3. Proof of Execution and Contents of Lost Will. The execution and contents of a lost Will must be proved by "clear, cogent, and convincing" evidence. RCW 11.20.070(2); Estate of Black, 153 Wn.2d 152, 163, 102 P.3d 796 (2004). Execution of a Will requires that it be (a) signed by the testator, (b) 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(2), while in the presence of the testator and at the testator's direction or request. RCW 11.12.020. Here, declarations are available from witness 1 and from the drafting attorney, who also was the Notary on the self-proving affidavit. Both of them confirm that witness 2, the other witness, was a receptionist at the firm who routinely witnessed Will signings, and they recognize her signature on the Will and on the affidavit. A true, correct, and complete photocopy of the signed Will was maintained in the attorney's records and is submitted here in proof of said Will. The "clear, cogent, and convincing" standard has been met as to both execution and contents of the lost Will.

4. Original Will Lost - Rebuttal of Presumption That Will Was Revoked. A Will that cannot be found nevertheless may be proved "if...lost or destroyed under circumstances such that the loss or destruction does not have the effect of revoking the will." RCW 11.20.070(1). At common law, a Will that cannot be found is presumed to have been destroyed animo revocandi–with intent to revoke. Estate of Bowers, 132 Wn. App. 334, 341-342, 131 P.3d 916 (2006); Estate of Nelson, 85 Wn.2d 602, 607, 537 P.2d 765 (1975). The presumption may be rebutted and the Will deemed simply lost without intent to revoke, on evidence that "need not be 'clear and distinct' and will often be largely circumstantial." Nelson, 85 Wn.2d at 607. The rebutting evidence may be "evidence as to the testator's attitude of mind, as indicated by [her] declarations made between the time of executing the will and the time of [her] death . . ." Id. "Recognizing that the fundamental concern is the fulfillment of the testator's intent, we have in previous cases found evidence showing that a will was in existence at the time of the death adequate, although it was far from overwhelming." Id., citing Auritt (decedent's oral reaffirmations of her affection for and desire to devise to her brother, shortly before her death), Estate of Harris, 10 Wn. 555, 39 P. 148 (1895) (decedent's statements two weeks prior to death that he had a valid will similar to that offered for probate). Here, the Will executed on ^, provides that the decedent's residence will be given to Seattle Veterans Hospital, and that the residue of the estate would be divided 20% to ^charity 1 in Seattle; 5% to the Petitioner; 5% to the charity 2; 5% to charity 3, and the remaining 65% to the decedent's sister ^sister, who is resident in Japan; and if ^sister failed to survive, the 65% residue share would go to her daughter, ^. As set forth below, this disposition is consistent with the decedent's actions even in the days immediately before her death, rebutting the presumption that the lost Will was destroyed with intent to revoke.

a. Charitable beneficiaries named in Will were also recipients of regular donations by the decedent up to the last days of her life. Even after naming charitable beneficiaries in her 2010 Will, ^decedent made regular donations to them during her life. Her husband ^X, whom she married in August 1957 in Tokyo, was an American army serviceman. He died in the 1960s, but ^decedent thereafter made donations to nonprofits serving veterans, including ^charity 2. She continued to make such donations in the year before her death, well after the Will was executed; the last recorded check to ^charity 2 was on ^date. Also, she made regular donations to the ^charity 1; the last recorded check was on ^date, only two days before her death. ^charity 3 in Seattle is run by ^Y, to which she made regular donations; the last recorded check was on ^date.

b. Other charitable beneficiaries had permanent connections with the decedent. ^charity 3 also is a natural beneficiary because her husband is buried there, and she will be buried next to him.

c. Decedent had a family relationship only with the niece who is named in the Will. The petitioner was a friend and neighbor of Decedent since the 1970s. ^decedent already was widowed at that time. In the early 1980s, ^petitioner helped ^decedent go through the process of becoming a naturalized citizen of the United States, by helping her study and pass the citizenship test. They continued to see each other regularly through the years. In all that time, ^decedent never made a trip to Japan, and ^petitioner never knew ^decedent to have any contact with her birth family in Japan, with one exception. In the late 1980s, ^decedent's niece ^niece came from Japan to visit her for a few days. ^niece was at that time in her teens. After that time, ^decedent occasionally received letters from ^niece, most recently in May 2014, seven months before ^decedent's death. Two of ^niece's letters are available to the Petitioner, one from August 2009 and the last known, from May 2014. The 2009 letter (written in English, sic) states among other things, "I'm worry about your health...I talked with my mom (^). She also worried about you...I send you with letter and my son's picture. One day we will take [visit?] with him. So please take care of your health. I will write a letter soon. Thank you for your gift. ^niece." The 2014 letter states among other things (again, in English, sic), "Thank you so much from your letter. I was so glad. Because I repented that I don't send a letter for a long time. Three years ago I wanted to go meet with you. But in Japan new influenza was prevalent. And I was pregnant… Then my mother was sick...My mother also glad to from your letter....I want to meet you again. Please take care of your health." These 2009 and 2014 letters indicate that both before and after execution of the 2010 Will that has been lost, ^decedent's relationship with her niece and her niece's mother was unchanged.

d. All of above evidence rebuts presumption of revocation. In summary, there is ample evidence from the decedent's personal correspondence and pattern of charitable giving to indicate that her feelings concerning the beneficiaries named in the lost Will had not changed. Accordingly, the presumption that the lost Will was revoked is rebutted, and the lost Will should be accepted for probate.

5. Petitioner; Bond. Petitioner ^petitioner is a resident of the State of Washington. Petitioner is the Personal Representative nominated and appointed in decedent's Last Will and Testament and is willing and qualified to act. The Will provides that Petitioner shall serve without bond.

6. Heirs, Legatees and Devisees. Decedent was widowed and had no children. The names, addresses, relationships and ages of the heirs, legatees and devisees who survived the decedent are:

Name and Address	Age	Relationship

7. Solvency. Petitioner is a close friend of the decedent, is acquainted with decedent's affairs, and has searched available records of the Decedent. The assets of the Estate are believed to exceed $300,000. All known expenses, including funeral expenses and expenses of last illness are believed to be less than $10,000. The Estate of the decedent is fully solvent.

8. Notice re Appointment and NPS. Decedent has no surviving spouse, and Petitioner is the Personal Representative nominated and appointed by the decedent in her Last Will and Testament. Therefore, no notice of petition for letters testamentary to a surviving spouse is required pursuant to RCW 11.28.030, and no notice of petition for Non-Intervention Powers is required pursuant to RCW 11.68.041(1).

9. Notice re Proof of Lost Will. Notice of hearing "to all interested persons" is required before the Court may take proof of the execution and validity of a lost Will. RCW 11.20.070(1). Notice has been given and proof of service is on file with the Court.

WHEREFORE, Petitioner prays that the above-entitled Court enter an Order as follows:

1. Admitting the Will of the decedent to probate, confirming the appointment of Petitioner to serve as Personal Representative of the decedent's Estate without bond, and directing that letters of qualification be issued to Petitioner; and

2. Adjudging the Estate of the decedent to be solvent and directing that further administration of the Estate shall be in accordance with the laws of the State of Washington pertaining to the settlement of estates without the intervention of the Court.

date:___________________

SAYRE LAW OFFICES, PLLC

By:_____________________________

Eric C. Nelsen, WSBA #31443

Attorneys for ^petitioner

VERIFICATION

I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

EXECUTED _____________________ at Seattle, Washington.

________________________________

^petitioner