[WSBARP] Holographic Wills in Washington

[Eric Nelsen]

Not valid so far as I know. I haven’t heard anything of an erosion of the “two attesting witnesses” rule except perhaps some argument about the extent to which they must be in the testator’s “presence” as a physical matter (versus in the next room, observing through a window, watching via FaceTime or whatever).

If all heirs at law by intestacy agree to validity of the Will via TEDRA agreement, that could make it enforceable.

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>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jim Doran
Sent: Monday, December 13, 2021 2:38 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Holographic Wills in Washington

Listmates:

It has been a long time since I have researched this question:  Is a holographic Will, written in the "testator's" hand and dated and signed, but not witnessed, enforceable in Washington State?  I recall that Washington absolutely requires witnesses but maybe there has been some case law that has eroded that rule.  There is no other Will and if this proceeds as an intestate probate the decedent's intentions will be completely foiled.

Any ideas?

Jim Doran

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>
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