The deceased had a very good friend who is an attorney. She had him prepare a will which contained blanks for the decedent to put in the names of beneficiaries as she was not sure who she would leave a certain asset to. Decedent was to send will back to attorney for completion after she reviewed the same and completed the blanks. Unbeknownst to attorney, decedent filled in blanks with attorney's name for one of her assets and stated the gift was given to him and his wife "with much love." Decedent also changed several other provisions in the will relating to other assets and other beneficiaries. All of this was done in decedent's handwriting prior to will being witnessed. The will was then properly witnessed, also without attorney's knowledge. Decedent thereafter gave the completed will to the attorney and refused to go to independent attorney to review the will as she stated the will was exactly what she wanted. Decedent died 5 months later.
California law precludes "drafter" of will from receiving a gift under will.
Is the attorney the drafter?
California law precludes "drafter" of will from receiving a gift under will.
Is the attorney the drafter?
