Estate planning requires careful attention to avoid conflicts of interest among key parties such as spouses, trustees, and beneficiaries. Ethical issues often arise before or during representation and can prevent an attorney from proceeding if not properly managed. It is important for attorneys to help clients anticipate and address these conflicts early to minimize disputes after death.

Conflicts in Planning for Married Couples

When representing married couples, attorneys must explain potential conflicts that may affect planning decisions. Each spouse may have different goals, such as prioritizing children from a previous marriage or providing for the surviving spouse. Actual conflicts can include one spouse withholding information from the other. Attorneys often require clients to sign an Acknowledgment of Joint Representation that outlines these issues and respective rights.

Blended families require additional care. For example, conflicts may arise if one spouse insists on unrestricted inheritance despite the other spouse’s concerns. Attorneys must explore alternatives and encourage open communication to prevent conflicts from becoming actual ethical problems. If a conflict arises during representation, Model Rule 1.7 requires attorneys to consider withdrawal or obtain informed consent from both clients (American Bar Association, 1983a).

Property and Ownership Conflicts

Many spouses assume all assets will automatically pass to the surviving spouse. However, legal rights such as elective shares and community property rules may affect property distribution.

Attorneys should clarify ownership types and counsel clients on how property titling and state laws impact estate plans. Independent counsel may be necessary to help spouses understand and protect their property rights.

Power Dynamics and Client Capacity

Attorneys should be aware of power imbalances in marriages. One spouse may dominate decisions due to financial knowledge or health issues. Model Rule 1.14 guides attorneys to protect vulnerable clients and may require involving a fiduciary or guardian to ensure fair participation (American Bar Association, 1983b).

Trustee and Beneficiary Conflicts

Selecting a trustee involves careful consideration to avoid conflicts. When a beneficiary serves as trustee, there is a risk of favoritism or self-dealing. Attorneys should counsel clients to define clear distribution standards and consider independent or professional trustees to prevent conflicts.

Professional trustees can help manage complex trusts but may charge fees and require assets under management. Clients should meet trustees beforehand to ensure a good fit and be advised about options for trustee removal if necessary.

Managing Co-Trustees and Family Dynamics

Naming multiple co-trustees, such as children from previous marriages, can increase the risk of disagreements. Attorneys should encourage clear guidelines and tiebreaker mechanisms to resolve deadlocks.

Conclusion

Estate planning inevitably involves interpersonal challenges and potential conflicts. Attorneys can help clients navigate these issues by promoting transparency, securing informed consent, and planning carefully to ensure a smooth transfer of wealth and family harmony.

References

• American Bar Association. (1983a). Model Rules of Professional Conduct r. 1.7, Conflict of Interest: Current Clients. https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_pr ofessional_conduct/rule_1_7_conflict_of_interest_current_clients/
• American Bar Association. (1983b). Model Rules of Professional Conduct r. 1.14, Client with Diminished Capacity. https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_pr ofessional_conduct/rule_1_14_client_with_diminished_capacity/