Can a lawyer who drafts a client's will be named as the testamentary trustee in that will?
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This page answers the general question as of 1988. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit the lawyer from being named as a testamentary trustee in a will prepared by the lawyer.
The committee directed that a copy of Informal Opinion 86-1 be sent to the inquirer, and specifically referred the inquirer to the section titled "Lawyer as Executor" for guidance in this matter.
Currency note
This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The rules then numbered RPC 1.7 (conflicts) and RPC 1.8 (specific conflict situations) correspond to Model Rules 1.7 and 1.8 and have since been amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.
Common questions
Q: Can a lawyer who drafts a will be named as the testamentary trustee in it?
A: Per the opinion, yes. The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit a lawyer from being named as a testamentary trustee in a will prepared by the lawyer.
Q: Where did the committee point for further guidance?
A: The committee referred the inquirer to Informal Opinion 86-1, specifically its section titled "Lawyer as Executor."
Background and rules framework
The opinion applies the rules then numbered Washington RPC 1.7 and RPC 1.8, corresponding to Model Rules 1.7 and 1.8, which govern conflicts of interest, including situations where a lawyer's own interests may affect the representation. The committee found no rule prohibiting a lawyer's appointment as testamentary trustee in a will the lawyer drafted, and pointed to its earlier Informal Opinion 86-1 ("Lawyer as Executor") for the governing guidance.
Citations and references
Rules of Professional Conduct:
- Washington RPC 1.7 (conflict of interest; general rule), corresponding to Model Rule 1.7.
- Washington RPC 1.8 (conflict of interest; specific situations), corresponding to Model Rule 1.8.
Other opinions cited:
- WSBA Informal Opinion 86-1, section "Lawyer as Executor" (referred to for guidance).
See also
- WSBA Ethics Op. 1118: a will drafter serving as sole trustee and guardian for the beneficiary
- ABA Formal Op. 02-426: a lawyer serving as fiduciary for an estate or trust
- WSBA Ethics Op. 1202: a lawyer holding funds as a fiduciary outside the trust-account rule
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=296
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1216
Year Issued: 1988
RPC(s): RPC 1.7; 1.8; Informal Opinion 86-1
Subject: Conflict of interest; lawyer preparing will in which lawyer named as testamentary trustee
The Committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit you from being named as a testamentary trustee in a will prepared by you. The Committee directed me to send you a copy of the enclosed Informal Opinion 86-1 and specifically refer you to the section titled "Lawyer as Executor" for guidance in this matter.
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