SENATE BILL REPORT

SB 6392

BYSenators Nelson, Talmadge and Newhouse

Amending requisites of wills.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 16, 1990

Majority Report:  Do pass.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Newhouse, Niemi, Patrick, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Vicki E. Schur (786-7415)

                  February 7, 1990

AS PASSED SENATE, FEBRUARY 6, 1990

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 law of the testator's domicile.  There has been confusion as to whether to apply 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 testator's state of domicile, either in effect at the time of execution of the will or testator's death.

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

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Douglas Lawrence, Washington State Bar Association Real Property, Probate and Trust Committee