Re: My Dad Wants Me to Draft His Will, Disinheriting My Sist

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On 4/10/08, Jamie wrote:
> My father has a will dividing his estate equally between
> my sister and me. He's now come to me and asked me to
> draft a will for him, excluding my sister and making me
> his sole beneficiary (he and my sister have never really
> gotten along and have recently had a major falling out).
> Obviously, I'm concerned about how this proposed new will
> would stand up to challenge.
>
> I've suggested he go to another attorney to draw the new
> will, but he'd prefer I do it, and save him the $400.
>
> Any suggestion as to how I could make the newly drafted
> will stand up if it were challenged in court?
>
> My initial thoughts have been to videotape the execution
> of the will, having him speak into the camera and affirm
> that I wanted him to seek outside counsel, have him read
> and ratify the relevant articles, have him sign an
> affidavit stating this was his choice alone, have him
> handwrite a statement...
>
> Any other suggestions would be very appreciated.
>
>

That's a terrible idea. Let's leave aside the family
dynamics for a moment (why you'd be okay writing a will
disinheriting your sibling to your benefit, or why you might
not be okay telling your dad no) and think for a second
about the legal and professional implications. Your
proposals at the end might protect the will from challenge,
but what about the possibilities of a disciplinary action
against you, instituted by your sister? Whether or not
you're actually doing anything that violates the rules of
professional responsibility in your state, do you really
want to invite that sort of challenge?

Wills that disinherit family members are ripe for challenge,
and thus should only be drafted by experienced attorneys who
are NOT beneficiaries of the will. You would be well within
your rights to advise your dad that if he wants something
beyond a simple will, he should expect to have to pay for
it. Or, depending on the law in your state, tell him to
write it out by hand if he really doesn't want to pay for
it.