Potential Conflict of Interest - Friend

Trusts Discussion
1

Where would I stand on the following?

Been contacted by a friend (B) I’ve known for many years and who I used to employ in financial services. Asking me to write a will for her friend.

I’ve spoken to the client (A) and she is planning to make (B) her main beneficiary. (A) has very poor physical health and a history of mental health issues. She also lost her husband around a year ago and states she is still grieving. (A) wants to make me an Executor and LPOA, as well as making (B) and Executor. (A) also wants me to witness the will.

Left out is one adult child of (A).

I really feel that I should not act.

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If the potential testator is “still grieving” I would be wary of preparing a potentially contentious will, mindful of the judge’s comments in Key v. Key, 2010.

A similar question arose in January this year and I suggest you might also look at the following: Wills and potential conflict of interest - Trusts Discussion - The Trusts Discussion Forum

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

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