Legal Question in Wills and Trusts in Washington

will that was notorized but not witnessed

I can't believe this is happening. my uncle had a will and we took it to a bank and I asked if it needed witnesses and bank manager said no that was what he was for so he notorized it. Now it looks as if it is unvalid. The people who really helped my uncle now gets nothing. What can be done?


Asked on 10/02/07, 1:41 pm

2 Answers from Attorneys

Bruce Busch Bruce R. Busch, Attorney at Law

Re: will that was notorized but not witnessed

Actually, the notory's signature would serve as one witness so you need one more. But if there were others that witnessed the signing there may be ways to validate the will. However, it would be involved. I suggest that you consult with an attorney in your area familiar with contested probate proceedings.

Remember, I'm an attorney but I'm not YOUR attorney. Only a thorough review of your situation by a competent attorney after an attorney-client relationship has been established will result in an informed legal opinion.

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Answered on 10/02/07, 1:45 pm
Elizabeth Powell ELizabeth Powell PS Inc

Re: will that was notorized but not witnessed

Bank manager is probably not an attorney, gving legal advice anyway, which happens to be incorrect. That is called the unauthorized practice of law.

That is a crime, and it is a shame this happened. You might want to look into the Bank's errors and omissions insurance.

Elizabeth Powell

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Answered on 10/02/07, 7:15 pm


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