Twenty-First Century Trusts and Ethics: Estate Planning for Couples
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Authors
Spivack, Carla
Issue Date
2020
Volume
53
Issue
4
Type
Journal Article
Language
Keywords
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Abstract
INTRODUCTION|Representing spouses jointly may seem natural to estate planning attorneys. Most casebooks discuss the ethics of joint representation as if it were the default for this type of practice. The American College of Trust and Estate Counsel (“ACTEC”) Commentaries on Rules 1.6 and 1.7 also seem to employ this presumption. This seems sensible at first glance: marriage is a partnership after all, and, especially in cases where the couple has joint children, the assumption might be
that the couple’s estate planning goals are in harmony and can be achieved more efficiently and cost-effectively this way. Both the Model Rules and the ACTEC Commentary offer a routine procedure
for explaining the confidentiality rules of joint representation, and agree that a signed statement can waive a conflict.
Description
Citation
Publisher
Creighton University School of Law