[WSBARP] Holographic Wills in Washington

[Jim Doran]

Siblings are heirs at law and they have been alienated and even
antagonistic to the decedent. They will want it all. But the writing is
persuasive.  Maybe an agreement can be reached.  It is certainly worth
talking about.

Thanks,

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


On Mon, Dec 13, 2021 at 3:09 PM Eric Nelsen <eric at sayrelawoffices.com>
wrote:

> 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
>
>
>
> *Covid-19 Update - *All attorneys are working remotely during regular
> business hours and are available via email and by phone. Videoconferencing
> also is available. Signing of estate planning documents can be completed
> and will be handled on a case-by-case basis. Please direct mail and
> deliveries to the Seattle office.
>
>
>
> *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
>
> www.doranlegal.com
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20211213/b1b3098a/attachment.html>