Preparing A Will Coursework Example

Name
Tutor
Course
Date
Preparing a Will
A fiduciary is a designated individual that owes the other person obligation of trust and good faith. It entails of the act of being bound ethically, whereby one acts to the best interest of the other party. Fiduciary duties are legal and ethical as one mostly focuses on managing the well-being and the assets for the benefit of an individual rather than their gains.
Notably, it is not ethically or legally wrong for a lawyer to serve as an executor in a will that he or she has prepared for the client. It is possible especially in cases where the lawyer has no known effect on the client's decision to appoint him or her as the significant executor (Hower). Conversely, the request should be presented in a written document after a discussion of all the perspectives involved in the will and any conflicts of interests that are bound to arise. The total compensation fee for the Lawyer's will drafting and executor commission is supposed to be tenable, and the process should abide by the set state laws.
The client's preference to choose their lawyer as an executor is their freedom, and it should not be altered unless there is a persuasive exoneration. Based on different accounts, the lawyer acts as the proper selection of fiduciary role during will writing (Hower). There are fewer chances that the lawyer can take advantage of their lawyer-client relationship for their gains at the expense of their client's interests.
The lawyer has the choice to refer the client to another attorney in case he or she perceives that the lawyer-client relationship could be disrupted by conflicts of interest which cannot be resolved.

However, if a lawyer agrees to draft the will and also be an executor, they should enlighten their clients with detailed info for them to reach a conversant decision (Hower). Such information should include the potential interest of the lawyer in the situation, the value of the executor commission, which is paid separately from the will-drafting fee.

Work Cited
Hower, Dennis R. Wills, Trusts, and Estate Administration. 8th ed., Cengage Learning, 2010.