Court Rules That Attorney’s $14 Million Inheritance Is Not Invalid

A Court has recently held that an attorney violated ethical rules when he drafted a Will for a wealthy client bequeathing $14 million for himself and his children, but that his actions did not invalidate the Will itself.  The split decision by the Michigan Court of Appeals overturned a lower court ruling that invalidated the Will.  The Court held that the onus is now on the attorney to prove that he did not exert undue influence on his wealthy friend and client. 

The Michigan Rules of Professional Conduct prohibit attorneys from drafting Wills for non-related clients that include substantial gifts for the drafting attorney.  If the Will would have been invalidated then the estate would have gone to the decedent’s brother and children via Michigan’s intestacy laws.  The Michigan Appeals Court decision can be read here.   

See Paul Egan, Court: Lawyer’s $14M inheritance unethical, not invalid, Detroit Free Press, October 9, 2015.