united-states family-law wills new-jersey
Changing a Will
<p>Person XYZ goes to an attorney and hires to the attorney to draw up a will. The attorney produces the will and it is signed.</p>
<p>After several years, the person goes back to the attorney and asks the attorney to change the  will. The attorney believes that the XYZ person is no longer legally competent but the attorney is not sure. Should the  attorney update the will?</p>
<p>This question is being asked for educational purposes only. I am not looking for legal advice.</p>

<p>The attorney would consider <a href="https://www.courts.wa.gov/court_rules/pdf/RPC/GA_RPC_01_14_00.pdf" rel="nofollow noreferrer">RPC 1.14</a>, which means that he &quot;shall, as far as reasonably possible, maintain a normal client-lawyer
relationship with the client&quot;. But if he</p>
<blockquote>
<p>reasonably believes that the client has diminished capacity...and
cannot adequately act in [his] own interest, the lawyer may take
reasonably necessary protective action, including consulting with
individuals or entities that have the ability to take action to
protect the client and, in appropriate cases, seeking the appointment
of a guardian ad litem, conservator or guardian.</p>
</blockquote>
<p>So...</p>
<blockquote>
<p>The testator must know the natural objects of their bounty (i.e., be
aware of their spouse and children, if any).</p>
<p>The testator must comprehend the kind and character of their property
(i.e., know approximately their net worth and what kind of assets they
own).</p>
<p>The testator must understand the nature and effect of the act (i.e.,
realize that it is indeed a will they are signing and what that
means).</p>
<p>The testator must be able to make a disposition of their property
according to a plan formed in their mind.</p>
</blockquote>
