Washington Code 11.12.450 – Electronic wills — Self-proving
Current as of: 2023 | Check for updates
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(1) An electronic will may be simultaneously executed, attested, and made self-proving if:
Terms Used In Washington Code 11.12.450
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Washington Code 11.02.005
- Electronic presence: means the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location. See Washington Code 11.02.005
- Electronic will: means a will or codicil executed in compliance with RCW 11. See Washington Code 11.02.005
- Testator: A male person who leaves a will at death.
- Testify: Answer questions in court.
(a) The affidavits of the attesting witnesses are affixed to or logically associated with the electronic will; and
(b) The qualified custodian maintains custody of the electronic will at all times following execution by the testator and witnesses.
(2) The affidavits under subsection (1)(a) of this section must state such facts as the attesting witnesses would be required to testify to in court to prove such electronic will, and must be:
(a) Made before an officer authorized to administer oaths or, if fewer than two attesting witnesses are physically present in the same location as the testator at the time of signing under RCW 11.12.440(1)(b), before an officer authorized under RCW 42.45.280; and
(b) Evidenced by the officer’s certificate under official seal affixed to or logically associated with the electronic will.
(3)(a) If made before an officer authorized to administer oaths, the acknowledgment and affidavits under subsection (1) of this section must be in substantially the following form:
I, ….. (name), the testator, and, being sworn, declare to the undersigned officer that I sign this instrument as my electronic will, I willingly sign it or willingly direct another individual to sign it for me, I execute it as my voluntary act for the purposes expressed in this instrument, and I am 18 years of age or older, of sound mind, and under no constraint or undue influence.
….. (signature)
Testator
We, ….. (name) and ….. (name), witnesses, being sworn, declare to the undersigned officer that the testator signed this instrument as the testator’s electronic will, that the testator willingly signed it or willingly directed another individual to sign for the testator, and that each of us, in the physical or electronic presence of the testator, signs this instrument as witness to the testator’s signing, and to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.
….. (signature)
Witness
….. (signature)
Witness
Certificate of officer:
State of …..
County of …..
Subscribed, sworn to, and acknowledged before me by ….. (name), the testator, and subscribed and sworn to before me by ….. (name) and ….. (name), witnesses, this ….. day of ….., …..
(Seal) …..
(Signed)
…..
(Capacity of officer)
(b) If made pursuant to chapter 5.50 RCW, the acknowledgment and affidavits under subsection (1) of this section must be in substantially the following form:
I, ….. (name), the testator, declare under penalty of perjury under the law of Washington that the following is true and correct: That I sign this instrument as my electronic will, I willingly sign it or willingly direct another individual to sign it for me, I execute it as my voluntary act for the purposes expressed in this instrument, and I am 18 years of age or older, of sound mind, and under no constraint or undue influence.
….. (signature)
Testator
We, ….. (name) and ….. (name), witnesses, declare under penalty of perjury under the law of Washington that the following is true and correct: That the testator signed this instrument as the testator’s electronic will, that the testator willingly signed it or willingly directed another individual to sign for the testator, and that each of us, in the physical or electronic presence of the testator, signs this instrument as witness to the testator’s signing, and to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.
….. (signature)
Witness
….. (signature)
Witness
NOTES:
Effective date—2021 c 140 §§ 1001-1016: See note following RCW 11.12.400.