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

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On 5/20/08, Alex wrote:
> 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.
I strongly concur! In any state that I am aware of the attorney
cannot have a personal interest in any will that they draft.
You would not only have a will contest but disciplinary action.
If he doesn't want to spend the money perhaps you should pay it
for him. I'd be highly suspicious of his motivation if he
insists you are the only one who can do this.