It’s it ethical for a law office to change a Will at the request of a child?

UPDATED: Sep 30, 2022

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It’s it ethical for a law office to change a Will at the request of a child?

My uncle is a minister in a small church. A member of that church is a lawyer. My uncle drafted a new Will for his parents with that lawyer, which named him executor and also excluded

his brother from the Will. My grandparents were told there was a family meeting, when actually they were signing a new will making the changes. They have never met this lawyer and did

not understand the changes that were being made. They were rushed through the signing without any explanation. Is this unethical practice? Is there any remedy?

Asked on July 25, 2016 under Estate Planning, Iowa


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The Will is fraudulent.  Your grandparents should immediately draft a new Will, revoking the fraudulent Will.  If that does not occur prior to their deaths, the Will should be challenged in Probate Court as fraudulent.
A complaint should be filed with the State Bar against the attorney who drafted this fraudulent Will.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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