Opinion 360
Question Presented
Is it ethical for an attorney and/or his secretary and/or his relatives either or all to serve as witnesses on a will prepared by the attorney where the self-proving affidavit is omitted?
March 1972
Texas Canons 24 And 32; And DR2-103.
An attorney preparing a will may be subject to criticism, but not discipline for not having used a self-proving affidavit on the will. It is not unethical for an attorney who has prepared his client=s will and/or attorney's employees and/or the attorney's relatives to serve as witnesses on the will so long as the witnesses are otherwise qualified. This is not to be construed to cover questions regarding disqualification of an attorney in litigation arising in connection with the probate of the will.
Attorneys and/or their relatives and/or their employees may serve as witnesses to wills drafted by the attorney.
Bluebook Citation
Tex. Comm. On Professional Ethics, Op. 360 (1972)