Being left a legacy in a will by a client

You must not accept any legacy, gift or other benefit under a will that you are asked to prepare. If a client indicates that they wish to leave you a gift or legacy, either the gift must not appear in the will or the matter must be referred immediately to a colleague and you must have no involvement in taking instructions for, advising on or drafting the relevant provisions.

Best practice in this situation would be to make a clear contemporaneous file note recording:

1. the client's proposal;
2. the advice given;
3. the fact that the matter was referred elsewhere; and
4. that you had no involvement in the preparation of the will or the relevant provisions.

Particular care should be taken to avoid any appearance that you have influenced the client, encouraged the gift or benefited from your professional position. Even where a client insists that the gift reflects their genuine wishes, the matter should be handled transparently and independently.

There is a helpful Law Society note on this subject that is well worth a read.