Can you help someone write a Will and be in it as an excutor and a beneficiary?

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Can you help someone write a Will and be in it as an excutor and a beneficiary?

Asked on March 30, 2012 under Estate Planning, California

Answers:

Christopher Vaughn-Martel / VAUGHN-MARTEL LAW

Answered 9 years ago | Contributor

My strong advice would be that any will written under those circumstances would be susceptible of challenge.  It is a much better idea to retain competent counsel.  A little money spent on doing it right can save you a tremendous amount of money and difficulty later.  Good luck!

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

There are two concerns regarding this questions. First, if you are a nonlawyer, then if you help another to write a will it probably constitutes an unauthorized practice of law, which is a crime. A husband and a wife can write a mutual will, which is ok. Other than this situation, it would be wise not to write a will for another.

Second, if you are a lawyer who is capable of writing a will, then it is ok to benefit from the will as long as you are not getting anything that you would have gotten intestate.


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