HOUSE BILL REPORT

SB 6392

BYSenators Nelson, Talmadge and Newhouse

Amending requisites of wills.

House Committe on Judiciary

Majority Report:  Do pass.  (18)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Forner, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Regina Jones (786-7191

AS PASSED HOUSE MARCH 2, 1990

BACKGROUND:

Washington law requires that wills be attested to by two competent witnesses in the testator's presence, and at the testator's request or direction.  Witnesses may attest to a will by subscribing their names to the will.  In practice, witnesses have also attested to a will by signing a separate affidavit.  A 1989 case, Estate of Ricketts, created an ambiguity concerning attesting to a will by signing an affidavit.

SUMMARY:

Two or more competent witnesses must attest to a will, either by subscribing their names to the will or by signing an affidavit which meets certain statutory requirements.  The will is to be considered validly executed if it conforms with requirements of the law of the place where the will was executed or the law of the testator's domicile, as that law existed at the time the will was executed or at the time of the testator's death.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Douglas Lawrence, Washington State Bar Association.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    The bill clarifies an ambiguity created by a recent court decision concerning the use of an affidavit for attesting to a will.  Thousands of wills in the state may be invalid without this clarification.

House Committee - Testimony Against:      None.