[WSBARP] probating a lost will
John M. Riley III
JMR at witherspoonkelley.com
Tue May 29 11:43:00 PDT 2018
Division III had a recent unpublished opinion on lost will that is very interesting. Case involved a copy of the fully executed will with full attestation documents, original lost, and some supporting handwriting testimony and it was accepted by the court as the last will and testament. Good update of Black case and curious distinguishment of the old Irish case.
John Riley
John M. Riley III
Attorney | Witherspoon • Kelley
JMR at witherspoonkelley.com<mailto:JMR at witherspoonkelley.com> | Attorney Profile <http://www.witherspoonkelley.com/john-riley-1> | vCard<http://www.witherspoonkelley.com/s/jmr.vcf>
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Tuesday, May 29, 2018 10:47 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] probating a lost will
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
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
From: Rod Harmon<mailto:rodharmon at msn.com>
Sent: Thursday, May 24, 2018 4:32 PM
To: carl at greenawaylawfirm.com<mailto:carl at greenawaylawfirm.com> ; WSBA Real Property Listserv<mailto:wsbarp at lists.wsbarppt.com>
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<http://www.rodharmon.com>
rodharmon at msn.com<mailto: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
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