FINAL BILL REPORT

SB 6392

                              C 79 L 90

BYSenators Nelson, Talmadge and Newhouse

Amending requisites of wills.

Senate Committee on Law & Justice

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

Often witnesses to a will sign an affidavit which is attached to the will.  Witnesses shall attest by subscribing their names to the will.  Under Washington case law, the witnesses' attestation will be deemed valid so long as it is made in the testator's presence, and at the testator's direction or request, whether by signing the will or by signing a separate affidavit.

Wills may be executed in accordance with the laws of the state where the will was executed or the laws of the testator's state of domicile.  There has been confusion about applying the law at the time of execution of the will or at the time of the testator's death.

SUMMARY:

Two or more competent witnesses must attest a testator's signature, either by subscribing their names to the will or by signing an affidavit, while in the testator's presence and at the testator's direction.  Wills may be executed in accordance with the laws of the state where executed or the testator's state of domicile, and may be in effect at the time of execution of the will or the testator's death.

Technical changes are also included which replace the pronoun "his" with "the testator."

VOTES ON FINAL PASSAGE:

     Senate   46    0

     House 97  0

EFFECTIVE:June 7, 1990