When a suit is filed contesting a will, the attorney who prepared the will may not be involved in the will contest. Since he is the one who supposedly prepared the will at the request of the testator, he would have some knowledge of the testator's condition at the time the will was executed as well as knowing what the testator was saying and doing in the weeks or months leading up to the execution of will. Usually there is an attorney-client privilege between the attorney and the client so that nobody can force the attorney to testify about the attorney's communications with the client. However, there is a specific section of the evidence code that says the attorney-client privilege is not available in will contests and the attorney must testify if called by either party. 503(d)(2).
Copyright by Robert Ray a Texas inheritance attorney.
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