Is will bequeathing millions to the attorney who wrote it valid? That depends, says court
Mark Papazian, a Michigan lawyer who drafted a will and trust for a long-time friend and client, must prove that he did not exert undue influence in order to keep the $14 million the man left him and his two children.
Michigan Rules of Professional Conduct hold that attorneys can’t write wills for non-related clients if the documents include substantial inheritances for themselves, and the Michigan Court of Appeals found that Papazian’s behavior was unethical, the Detroit Free Press reports. But the opinion (PDF) also found that Papazian’s behavior didn’t automatically invalidate the will.
The case was sent back to the trial court, which had previously thrown out the will, to determine if Papazian exerted undue influence.
“It is presumed he exerted undue influence,” but “case law and existing statutes afford (Papazian) the opportunity to attempt to prove by competent evidence that the presumption of undue influence should be set aside,” the majority wrote.
A dissent, submitted Judge Deborah Servitto, held that the will should be thrown out, on the basis that the terms of the document violated public policy.
Robert Mardigian, the decedent, was divorced with no children, according to the Free Press. The will awarded all of Mardigian’s personal property to Papazian, a divorce lawyer. It also created two trusts, valued at $5 million, for Papazian’s two children.
The case was brought by Mardigian’s brother, nieces and nephews.
