Creating wills and powers of attorney deemed to be the unauthorized practice of law

The testarix asked her friend, an insurance agent, to help draft her will.  The friend filled in the blanks in a computer generated generic will which the testatrix executed.  The friend was named executor.

In Franklin v. Chavis, 640 S.E.2d 873 (S.C. 2007) , the court found that the testatrix was not involved in drafting the document and did not review it.  The court held that the friend had acted as more than a scrivener and had engaged in the unauthorized practice of law.  The friend also drafted a power of attorney for the testatrix which did not involve filling in blanks in a form and this too was the unauthorized practice of law.  The court also determined that the friend could not receive compensation for acting as the executor.