Underwriting Q & A | Can an attorney be a devisee in a will that he/she prepared?

Q: Can an attorney be a devisee in a will that he/she prepared?

A: No. Section 254.003 of the Texas Estates Code recites that any gift made in a Will is void when the gift is made to 1) an attorney who prepares or supervises the preparation of the will; 2) a close family member of that attorney or employee of that attorney; or 3) the spouse of anyone in (1) or (2).  In addition, this section does not apply to (1) a devise made to a person who (A) is the testator’s spouse; (B) is an ascendant or descendant of the testator; or (C) is related within the third degree by consanguinity or affinity to the testator; or (2) a bona fide purchaser for value from a devisee in a will.