WHEN AN attorney drafts a will for a client and is also designated as executor, he or she becomes entitled to a statutory commission in addition to legal fees for services rendered. Thus, unless the testator and attorney agreed to a reduced commission, the executor is entitled to collect the statutory amount upon the testator’s death. Such entitlement creates the potential for an unscrupulous attorney to abuse his confidential relationships with his clients. By failing to disclose his entitlement to commissions, the attorney may unduly influence a client, who is unaware of his options or the financial ramifications of his decision to name the attorney as executor.
Statutory Protection
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