Which statement about automatic inquiry for gifts to an attorney is correct?

Which statement about automatic inquiry for gifts to an attorney is correct?

• A. It is required only if the attorney prepared the will
• B. It is not required if the attorney is related to the testator
• C. It is required whenever a gift to an attorney is present
• D. It is required only if the gift exceeds a certain amount

Answer: (C)

When a will includes a gift to an attorney, there is a built-in safeguard: an automatic inquiry is triggered. This check is required no matter who drafted the will, whether the attorney is related to the testator, or how large the gift is. The reason is to guard against undue influence or impropriety in a testamentary instrument by someone who stands to benefit from the will. The inquiry helps ensure the testator’s wishes were freely given and not shaped by the attorney. Note that the other possibilities are too narrow. The rule isn’t limited to cases where the attorney drafted the will, nor does it depend on a relationship between the attorney and testator, nor on the size of the gift.

When a will includes a gift to an attorney, there is a built-in safeguard: an automatic inquiry is triggered. This check is required no matter who drafted the will, whether the attorney is related to the testator, or how large the gift is. The reason is to guard against undue influence or impropriety in a testamentary instrument by someone who stands to benefit from the will. The inquiry helps ensure the testator’s wishes were freely given and not shaped by the attorney.

Note that the other possibilities are too narrow. The rule isn’t limited to cases where the attorney drafted the will, nor does it depend on a relationship between the attorney and testator, nor on the size of the gift.