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    HSL's Avatar
    HSL Posts: 5, Reputation: 1
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    #1

    Mar 9, 2014, 09:56 AM
    Is there a law preventing lawyers covering their father's will?
    Is it legal for a family member to be the lawyer for drawing up a parent's will? This is a way for the lawyer to financially win out over her brother in their inheritance.


    If it is illegal, can you tell me the law that states this?
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #2

    Mar 9, 2014, 10:20 AM
    Why would that be illegal? They only "win" if they draw up the will according to what their desires not those of the person they are doing the will for. That is not legal. Also if you are wanting laws to be cited we will need to know your general locale. Laws vary by area so in order to cite something so specific we will need to know where to look. That being said, the father in this case has the right to choose who to use for their legal matters.
    ma0641's Avatar
    ma0641 Posts: 15,675, Reputation: 1012
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    #3

    Mar 9, 2014, 11:34 AM
    I did my mother's will, my mom, sister and I agreed it would be a 50/50 split, I was executor.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Mar 9, 2014, 12:00 PM
    It might be unethical, especially if undue influence was exerted. But the testator has to sign the will in front of witnesses. If the will doesn't say what they want it to say they don't sign it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Mar 9, 2014, 06:39 PM
    Quote Originally Posted by ScottGem View Post
    It might be unethical, especially if undue influence was exerted. But the testator has to sign the will in front of witnesses. If the will doesn't say what they want it to say they don't sign it.
    Witness do not generally determine whether the testator knows what the will says.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Mar 10, 2014, 04:43 AM
    Quote Originally Posted by AK lawyer View Post
    Witness do not generally determine whether the testator knows what the will says.
    Sorry I didn't make that clear. Of course they don't. The they I referred to was the testator. But the witnesses can testify if the thought the testator was under duress or not competent.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Mar 10, 2014, 07:25 AM
    It is legal because there are no laws, that say it is illegal.

    This is common for a family member to represent another member.

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