
James F. McDonough
Of Counsel
732-568-8360 jmcdonough@sh-law.comFirm Insights
Author: James F. McDonough
Date: October 18, 2016

Of Counsel
732-568-8360 jmcdonough@sh-law.comWe expect that as time passes, people become more sophisticated and aware of what must be done to execute a valid will. Unfortunately, this is not so.
In certain states, execution of a will is complete when it is signed by a second witness. Some states require the witnesses to sign in the presence of the testator while others permit the witnesses to sign within a reasonable time thereafter. A Washington case saw the testator execute a valid will in that state in 1988 (the “1988 Will”). Then, in 2012, the testator executed another will in Arizona (the “2012 Will”) in the presence of a notary who also signed as a witness. The testator died in the State of Washington and probate was sought there. One of the testator’s friends, who present at the execution of the 2012 Will in Arizona, traveled to Washington where he added his signature as a witness. Arizona does not require the witnesses to sign in the presence of the testator, only within a reasonable time thereafter.
The State of Washington admitted the 1988 Will. Although Arizona does not require the witnesses to sign in the presence of the testator, the court held that the 2012 Will was executed in the State of Washington when the second witness signed and the act was finally completed. The rule in Washington requires that the two witnesses to sign in the presence of the testator so the 2012 Will was invalid by Washington law. The court held further that an Arizona will could only be valid as a foreign will if it was valid or complied with the law of the state where executed. The outcome may have been different had the second witness signed in Arizona, when the testator signed, within a reasonable time thereafter or, perhaps, if the 2012 Will was brought back into Arizona. This case also addressed whether the testator ever gave up his Washington domicile and was a contributing factor to the weight given to law of the place of execution. (In re Estate of Hook).
A California case poses an interesting twist where a testator and two witnesses appeared before a notary and subscribed the will. The will was challenged and the notary admitted in a deposition that he had forged the signature of one witness. The trial court admitted the will and the appellate court affirmed holding that the jurat indicated that the notary was present at the time the testator signed and, therefore, could be counted as the second witness. A jurat is found at the very end of an affidavit. A jurat states when, where and before whom the affidavit was sworn. (In re Estate of Harris).
If people wonder why attorneys prefer that clients come to their offices to execute documents, especially wills, these two cases should enlighten them. This is especially true where you may not know if local law was complied with at execution. One of my clients, a consultant, would say: “If you do not have time to do it right, how will you ever find time to do it over?” Imagine the savings in time and money had a second witness signed before the testator and the notary.
Do you have any questions? Would you like to discuss the matter further? If so, please contact me, James McDonough, at 201-806-3364.
For more articles dealing with wills, trusts and estates, check out:
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing. A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]
Author: Patrick T. Conlon

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]
Author: Bryce S. Robins

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]
Author: Jesse M. Dimitro

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]
Author: Bryce S. Robins

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]
Author: Angela A. Turiano

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!