Consider the following situation: a long-standing client contacts you to assist in the revision of her elderly mother’s will after Mom’s recent release from the hospital. You understand that the client has had a very close and loving relationship with Mom over the years and has regularly assisted her with day-to-day activities. You schedule an appointment and your client brings Mom to the office. Given the relationships involved, you permit your client to sit in while you interview Mom. You learn that Mom wants to change her bequests to favor your client at the expense of her siblings and name her as executor of Mom’s estate. You proceed to memorialize Mom’s wishes.
The above scenario seems innocent enough but is rife for a potential claim under the doctrine of “undue influence.” It also poses an unethical professional conflict of interest. In the absence of proper inquiry and precaution, the execution and probate of this revised will could expose the estate to a claim, result in the invalidation of the revised will, and subject you to a malpractice claim as well as an ethics inquiry, even if everyone involved has acted in good faith.
