WSBA 1990

Can a lawyer be named as trustee or personal representative in a will or trust the lawyer drafts for the client?

Short answer: The committee addressed the question by referring the inquirer to its earlier Informal Opinion 86-1 and to the Shaughnessy cases and Estate of Larsen, 103 Wn.2d 517 (1985), cited there.

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This page answers the general question as of 1990. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Disclaimer: Advisory only. Not binding precedent.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The inquiry concerned clients' requests that the drafting lawyer be named as trustee or personal representative in wills and trusts the lawyer drafted. The committee had previously addressed the subject in Informal Opinion 86-1, which it enclosed. The committee also directed attention to the Shaughnessy cases cited in that informal opinion and to Estate of Larsen, 103 Wn.2d 517 (1985).

Currency note

This opinion was issued in 1990, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Did the committee give a stand-alone answer on lawyers serving as trustee or PR in wills they draft?

A: The committee resolved the inquiry by reference, pointing to its earlier Informal Opinion 86-1 rather than restating a holding in this opinion.

Q: What authority did the committee flag?

A: The Shaughnessy cases cited in Informal Opinion 86-1 and Estate of Larsen, 103 Wn.2d 517 (1985).

Background and rules framework

At the time of this opinion, Washington's RPC 1.7 governed conflicts of interest, the subject the Model Rules place in Rule 1.7, which is implicated when a lawyer who drafts an instrument is also named to a paid fiduciary role under it. The committee did not restate the analysis here, instead directing the inquirer to its prior Informal Opinion 86-1 and the cases discussed there.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 1.7 (conflicts of interest)
Washington RPC 1.7

Cases:

Estate of Larsen, 103 Wn.2d 517 (Wash. 1985)

Other opinions cited:

WSBA Informal Opinion 86-1 (lawyer named fiduciary in a drafted instrument)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=442

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

The Committee reviewed your inquiry concerning requests by clients that you be named by clients as trustee or personal representative in wills and trusts drafted by you. The Committee had previously addressed this in informal opinion 86-1, a copy of which I enclose. The Committee also directed me to call your attention to the Shaughnessy cases cited in the informal opinion and the Estate of Larsen, 103 Wn.2d 517 (1985).

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