Hofsvang v. Estate of Brooke

The Estate of Robert E. Brooke (Estate) appeals the trial court’s ruling that RCW 5.60.030, the statute prohibiting testimony regarding transactions with decedents (the statute), does not apply when the estate is covered by liability insurance. We hold that Washington law does not provide for an "insurance exception” to the statute. Because we conclude that the Hofsvangs cannot make a prima facie case without the prohibited testimony, we reverse and remand with instructions to grant summary judgment for the Estate.

Facts

Attorney Robert Brooke performed legal services for the Hofsvangs. The…