[WSBARP] Holographic Wills in Washington

[cyfield at rockisland.com]

As I recall, but haven’t researched, there was an exception if holographic Will was executed in a state that recognized holographic Wills, Washington would recognize it. Good luck! Cy

 

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon); Phone: 360-472-1223 

Mail: POB 367, Shaw Island, WA 98286; Physical Office:  640 Mullis St #214, Friday Harbor, WA

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Monday, December 13, 2021 3:06 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Holographic Wills in Washington

 

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

 <mailto:eric at sayrelawoffices.com> 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 <mailto:wsbarp-bounces at lists.wsbarppt.com>  <wsbarp-bounces at lists.wsbarppt.com <mailto: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 <mailto: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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