In March, estates and trusts practitioners gathered at the monthly OBA Brown Bag Lunch to share insights and experiences relating to the often interesting, unique, and complicated matters that can arise when practicing in this area.
One attendee sought input from their fellow practitioners about an issue relating to conflict and ethics. The question was whether the lawyer, who had previously prepared Wills for spouses on a joint retainer, can act for one spouse alone to amend their Will after the other spouse has become incapable. The situation was a tricky one, and BBLers shared their thoughts and some relevant considerations. Ultimately the consensus seemed to be that there is no obvious answer and that the attendee would need to use their judgment.