The OBA’s panel event, Kissing Cousins Reunited, provided an excellent opportunity to learn about the intersection of estate planning and family law. Lawyers specializing in estate planning presented on the need to pay attention to how estate planning necessarily involves consideration of other complex legal regimes. Of particular interest was Ambie Edgar-Chana’s presentation on issues that arise in estate planning within blended families.
In blended families, various issues could give rise to a potential conflict of interest in representing two spouses who intend to be jointly represented. For instance, one or both spouses may have children from previous marriages. It is important to determine whether there are any relationship issues between children from previous marriages and potential clients, as these relationship dynamics could prove difficult if there is any acrimony in the family which may divide the spouses with regard to their testamentary intentions. A lawyer should always proactively ascertain whether the interests of the clients align, and, if they do not, should not accept a joint retainer. Clients with interests that are at odds with one another should be independently represented.
A practical tip for the proactive practitioner is to always put in writing that you, as the lawyer, will be representing one client and not the other, should that be your choice. Remember that you can always decline both clients if they refuse to be represented separately.
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