[WSBARP] probating a lost will

[Josh Grant]

We finally own a copier or two, however, we still conform our file copy.  The concern is that if a testator signs a new will, destroys the old original will, and then dies and for some reason the new beneficiaries are slow or uniformed about their bequest, the old beneficiaries, (who could be old PR’s) could take the photo copy and run with it.  
THe conformed file copy, if all the facts line up, can still be probated but the facts need to be clear.
I would be interested in knowing if most are going to retaining signatures on there file copy of wills?

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Rod Harmon 
Sent: Thursday, May 24, 2018 4:32 PM
To: carl at greenawaylawfirm.com ; WSBA Real Property Listserv 
Subject: Re: [WSBARP] probating a lost will

You need to track down the witnesses and get them to attest to the content of the will and the testator’s competency to make it.  Ok to use one witness if the other has died.  Under your facts, a long, long shot.  I would just count it as intestate.

 

Rod Harmon

 

RODNEY T. HARMON

       Attorney at Law

         P.O. Box 1066

      Bothell, WA   98041

     Tel:   (425) 402-7800

     Fax:  (425) 458-9096

    www.rodharmon.com

   rodharmon at msn.com

 

 

 

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Carl Gay
Sent: Wednesday, May 23, 2018 5:11 PM
To: listserve elder law <elder-law-section at list.wsba.org>; listserve real property <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] probating a lost will

 

Dear Colleagues,

A client’s mother died last month but despite a thorough search no original will has been located.

After contacting local law firms, an unsigned photocopy of a 2002 will was obtained. 

There are no signatures of the testator or witnesses, merely a “/s/” followed by the printed name of the testator and witnesses along with the date of execution.

Has anyone had experience in having such a will admitted to probate?

Many thanks for taking the time to reply.

Best regards,

Carl Gay

 

CARL LLOYD GAY  

 

what counts in life is what we do for others

               

GREENAWAY, GAY, MEDINA & MYERS

Attorneys and Counselors at Law                     

734 East First Street       Suite A

Port Angeles, Washington   98362

Email                      mailto:clgay at tfon.com

Telephone               (360) 452-3323                                                                                                                                                   

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