Advisory Opinion: 1118

Year Issued: 1987

RPC(s):

Subject: Conflict of interest; lawyer who drafted will serving as both sole trustee of trust created by will and guardian for beneficiary of trust

You have asked whether an attorney may act as sole trustee on a trust which is created in a will drafted by that attorney, and under the same circumstances act as guardian for the beneficiary of the trust. It was the feeling of the Committee that although the Rules of Professional Conduct may not directly prohibit the proposed conduct, other considerations may.

[Editor's Note: See Informal Opinion 86-1].

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.