attorneys responbilities under the law to ensure will is executed

Introduction

Greetings, readers! Wills are legal documents that express a person’s wishes for the distribution of their property after their death. Attorneys play a crucial role in ensuring that wills are executed in accordance with the law. In this article, we will delve into the responsibilities of attorneys under the law to ensure the proper execution of wills.

As trusted legal advisors, attorneys have a duty to guide their clients through the complex process of estate planning. They must ensure that wills are drafted in a way that accurately reflects the client’s wishes and complies with all legal requirements. By upholding these responsibilities, attorneys help protect the interests of their clients and their families.

Attorneys’ Responsibilities

Duty to Advise and Inform

Attorneys have a duty to advise their clients about the importance of creating a will and the legal implications of not having one. They must provide clear and concise information about the various aspects of estate planning, including the different types of wills, the requirements for valid execution, and the consequences of will contests.

Duty to Draft Will According to Client’s Wishes

Attorneys are responsible for drafting the will in a way that accurately reflects the client’s wishes. They must take into account the client’s estate goals, tax implications, and family dynamics. By understanding the client’s unique circumstances, attorneys can create a will that effectively protects the client’s interests while minimizing potential disputes.

Duty to Ensure Proper Execution

Attorneys must ensure that the will is executed in accordance with the legal requirements. This includes ensuring that the client signs the will in the presence of two witnesses and that the witnesses sign in the presence of each other and the client. Attorneys must also ensure that the client has the capacity to make a will and that they are not under undue influence.

Duty to Safeguard Will

Once the will is executed, attorneys have a duty to safeguard it and ensure that it is not lost or destroyed. They may keep a copy of the will in their files or recommend that the client store it in a safe place. Attorneys must also inform the client of the importance of keeping the will up to date as their circumstances change.

Attorney Liability for Negligence

Attorneys can be held liable for negligence if they fail to fulfill their responsibilities under the law to ensure the proper execution of a will. Negligence occurs when an attorney breaches their duty of care, causing harm to the client or their beneficiaries. Examples of attorney negligence include:

• Failing to advise the client about the importance of having a will
• Drafting a will that does not accurately reflect the client’s wishes
• Failing to ensure that the will is properly executed
• Losing or destroying the will

Table: Attorneys’ Responsibilities in Will Execution

Conclusion

Attorneys have a significant responsibility under the law to ensure that wills are executed in accordance with the client’s wishes and legal requirements. By fulfilling their duties to advise, draft, execute, and safeguard wills, attorneys protect the interests of their clients and their families. If you are considering creating or updating your will, it is essential to seek the guidance of an experienced attorney who can help you navigate the complexities of estate planning.

To further enhance your knowledge on estate planning and related legal topics, we recommend exploring our other articles.

FAQ about Attorneys’ Responsibilities in Ensuring Will Execution

1. What is an attorney’s duty to ensure a will is executed properly?

• Attorneys have a responsibility to ensure that their clients’ wills are executed in accordance with the law. This includes ensuring that the will is:
• In writing
• Signed by the testator (the person making the will)
• Witnessed by two or more credible witnesses
• Not executed under duress or undue influence

2. What happens if an attorney fails to ensure a will is executed properly?

• If an attorney fails to ensure that a will is executed properly, the will may be invalidated. This means that the will may not be recognized by the court, and the distribution of the testator’s property may be determined according to the state’s laws of intestacy.

3. What steps should an attorney take to ensure a will is executed properly?

• Attorneys should take the following steps to ensure that a will is executed properly:
• Meet with the testator to discuss their wishes and to explain the legal requirements for a valid will.
• Draft a will that meets the testator’s wishes and complies with the law.
• Review the will with the testator to make sure that they understand it and that it accurately reflects their wishes.
• Have the testator sign the will in the presence of two or more credible witnesses.
• Keep a copy of the signed will in their files.

4. What if the testator is unable to sign the will?

• If the testator is unable to sign the will, they may use a mark or signature stamp. The mark or signature stamp must be witnessed by two or more credible witnesses.

5. What if the testator is under the influence of drugs or alcohol when they sign the will?

• If the testator is under the influence of drugs or alcohol when they sign the will, the will may be invalidated. The attorney should determine if the testator is competent to execute a will before allowing them to sign it.

6. What is the attorney’s duty to ensure that the testator is not acting under duress or undue influence?

• The attorney has a duty to ensure that the testator is not acting under duress or undue influence. Duress is a situation in which someone is forced to do something against their will. Undue influence is a situation in which someone takes advantage of a person’s weakness or vulnerability to get them to do something they do not want to do.

7. What should the attorney do if they suspect that the testator is acting under duress or undue influence?

• If the attorney suspects that the testator is acting under duress or undue influence, they should:
• Talk to the testator privately about their concerns.
• Investigate the situation to determine if there is any evidence of duress or undue influence.
• Take steps to protect the testator from further abuse.

8. What happens if the will is contested after the testator’s death?

• If the will is contested after the testator’s death, the attorney will be responsible for defending the will. The attorney will need to prove that the will was executed properly and that the testator was not acting under duress or undue influence.

9. What is the attorney’s fee for ensuring a will is executed properly?

• The attorney’s fee for ensuring a will is executed properly will vary depending on a number of factors, such as the complexity of the will, the attorney’s experience, and the location of the attorney’s practice.

10. How can I find an attorney to help me with my will?

• You can find an attorney to help you with your will by:
• Asking friends or family members for recommendations.
• Contacting your local bar association.
• Searching online for attorneys in your area who specialize in estate planning.