Can the lawyer that prepared a will (for hire) be one of your two witnesses on a will? If you are contesting a will, doesn't it create a conflict of interest since the lawyer prepared the documents, represents the estate, and now is a witness? Does it automatically make the will null and void? The state is Florida. thanks.
Answer by tonalc2
No. The attorney should not be a witness. It's often the job of the attorney to ask, in front of witnesses, "is this your will?", since the job of the witnesses is basically to testify that you are in your right mind.
Answer by STEVEN F
I just looked at my fathers will (Ohio). The attorney that prepared it IS on of the witnesses. When my father dies, the attorney WILL NOT represent the estate. My mother, myself, or my brother, in that order are named as Executors of the estate. I would assume the second witness works (worked) in the attorney's office. I base that on the fact I have never heard of the person before.
Answer by maxmom56
Estate law is complicated and it's specific to each state. You need to ask an attorney admitted to practice in Florida. I am admitted in two other states and I would not even venture to answer your question.
Answer by mcmufin
I'm a Florida attorney and I've witnessed the signing of many wills. However, I never witnessed the signing of a will I personally prepared. Not for reasons involving the validity of a will, but solely because of the perceptions of the will's beneficiaries.
All the witness does is testify that they saw the person sign the will. They are not expected to know what is in the will. The attorney is hired to draft the will in legal form according to the wishes of the person whose will it is. The two jobs (drafter and witness) do not technically conflict in a legal sense. However, like you, most laymen belive there is a conflict and it just makes life for us easier if we do not witness the signature of the wills we draft.
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Orignal From: Can a lawyer be your witness on a will?
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