Understanding Conflicts of Interest in Estate Planning: What Lawyers and Clients Need to Know
A conflict of interest in estate planning arises when someone involved—such as an attorney, executor, or trustee—has competing personal or professional interests that could interfere with their duty to act solely in the best interest of the estate or its beneficiaries.
These conflicts can complicate the estate planning process, potentially leading to mismanagement, legal disputes, or unintended outcomes. That’s why recognizing and avoiding conflicts is essential for ensuring your final wishes are honored.
Estate planning should unite families, not divide them. Richard M. King, Jr. and Jeffrey P. Barnes have watched small misunderstandings spiral into lawsuits when competing loyalties go unchecked. Their firm, KingBarnes, designs wills, trusts, and wealth‑transfer strategies that anticipate conflict before it starts—safeguarding both your legacy and your loved ones.
Below, the estate‑planning attorneys at KingBarnes answer the questions most clients ask when they hear the phrase “conflict of interest in estate planning.”
What Is a Conflict of Interest in Estate Planning?
A conflict of interest arises when someone who must act with absolute loyalty to your plan—lawyer, executor, trustee, agent, even a well‑meaning relative—has another interest that could pull them in a different direction.
Attorney conflicts : One lawyer drafts documents for multiple people whose goals might later diverge, or the lawyer is offered a personal role (e.g., trustee) that creates divided loyalties.
Fiduciary conflicts : An executor who is also a beneficiary, or a trustee managing two trusts with competing beneficiaries, must choose between duties.
Put simply, whenever the same person owes undivided loyalty to two sides of the same estate plan, there is a built‑in tension that must be managed.
Why Conflicts of Interest Matter
Unchecked conflicts can derail even the best‑drafted plan. They:
Undermine your wishes. A conflicted adviser may steer decisions toward someone else’s benefit.
Trigger family disputes. Inheritance battles are emotionally and financially draining; Forbes reports that estate‑planning conflicts generate more malpractice claims than any other practice area.
Invite court challenges. New Jersey courts can invalidate a will, remove a trustee, or impose damages when conflicts taint the process.
Expose professionals to discipline. Under ABA Model Rule 1.7, lawyers who ignore conflicts risk ethics sanctions and civil liability.
Can One Lawyer Represent Multiple Family Members?
Yes—if everyone understands the risks and gives informed, written consent. The wills‑and‑trusts attorney team at KingBarnes regularly prepares joint plans for spouses whose goals clearly align.
When it works: Long‑term first marriages with identical beneficiaries and transparent finances.
When it doesn’t: Blended families, big age or wealth gaps, or situations where one spouse keeps financial secrets. In those cases, Cape May County estate‑planning lawyers at KingBarnes recommend separate counsel to preserve loyalty and confidentiality.
If Richards M. King, Jr. senses irreconcilable tension, he must withdraw or refer one spouse elsewhere—protecting both clients’ interests and complying with ethics rules.
Common Conflict‑of‑Interest Scenarios
Several estate‑planning patterns routinely trigger conflicts of interest:
One attorney, multiple relatives. Parents and adult children share a lawyer today; tomorrow one child seeks a bigger share.
Second marriages. A surviving spouse controls assets needed for step‑children, but her priorities differ from theirs.
Family member executor or trustee. A daughter‑executor delays distributions that benefit her more than her siblings.
Attorney named as fiduciary. Drafting lawyer also becomes trustee, collecting fees while supervising the document he wrote.
Business partners. A single lawyer structures buy‑sell terms; each partner hopes to maximize what his family receives.
Caretaker influence. A non‑family caregiver attends meetings and unexpectedly appears as beneficiary.
Each situation pits duty against self‑interest; advance planning keeps the duty on top.
Uncommon but High‑Risk Situations
Some fact patterns are rare yet devastating:
Attorney inserted as beneficiary. Courts view self‑dealing with suspicion and often void the gift.
Trustee managing multiple trusts with opposing beneficiaries. Courts may appoint a special trustee or demand that the trustee petition for instructions.
Headline litigation (e.g., Scott v. Rosen). Multi‑million‑dollar estates can unravel when a lawyer simultaneously represents parents and a favored child, then tries a retroactive waiver. A two‑month trial ended in mistrial—but only after immense cost and heartbreak.
Early Warning Signs You Shouldn’t Ignore
Family members should act fast when they notice:
A single beneficiary controls all attorney meetings.
Sudden changes to long‑standing distribution plans.
An executor refuses to share information or delays accounting.
The drafting lawyer adds themselves (or their relative) as trustee or personal representative.
Siblings or step‑siblings have stopped speaking since the documents were signed.
How to Prevent Conflicts Before They Start
Practical steps from the estate‑planning lawyers at KingBarnes:
Choose neutral fiduciaries. Corporate or independent trustees rarely favor one heir over another.
Communicate early and often. Family meetings reduce surprises that breed litigation.
Put everything in writing. Detailed letters of intent and clear trust provisions leave little room for interpretation.
Use separate counsel when interests differ. A Garden‑State estate‑planning counsel for each party preserves loyalty and confidentiality.
Review plans regularly. Life changes—divorce, births, business growth—shift interests; an annual check‑up catches new conflicts.
Proactive work today costs far less than a court battle tomorrow.
What to Do if You Suspect a Conflict
Act quickly and methodically:
Request full disclosure. Ask the lawyer or fiduciary to explain roles, duties, and any personal benefits in writing.
Seek an independent legal opinion. Another fiduciary‑conflict attorney can review documents and correspondence.
Document everything. Keep copies of emails, accountings, and meeting notes.
Consider mediation first. Neutral facilitators resolve many misunderstandings without court.
Litigate when necessary. When a will has been skewed or a trustee has breached duty, judges can remove fiduciaries, void amendments, and restore fairness.
How Richard M. King, Jr. and Jeffrey P. Barnes Protect Families
Cape May estate‑planning attorney Jeffrey Barnes drafts plain‑English documents that spell out every fiduciary’s responsibility. Richard M. King, Jr., estate‑planning lawyer, conducts separate interviews with each client to confirm independent intent.
Their approach in three steps:
Rigorous conflict screening. Advanced software cross‑checks every new matter; potential conflicts are flagged immediately.
Transparent informed‑consent process. Clients receive an easy‑to‑read waiver letter, outlining risks, alternatives, and the right to separate counsel.
Ongoing oversight. Even years after signing, the estate‑planning attorneys at KingBarnes remain available for plan reviews, trustee guidance, and family meetings.
Schedule a Confidential Consultation
Peace of mind starts with a phone call. Contact the estate‑planning attorneys at KingBarnes at (609) 522‑7530 or complete our secure online form to arrange a confidential consultation. Together, we’ll protect your legacy—free from conflicts of interest and full of family harmony.
