On October 1 the new Rules of Professional Conduct come into effect. As well as rule changes affecting the practice of law generally, there are also specific rule changes relevant to lawyers practising estates and trusts.

The new rule 3.4-37 requires a lawyer who drafts a will containing a clause requiring the drafting lawyer to be retained by the trustees to assist with the administration to provide the trustees with written advice the clause is a non-binding direction. The second new rule, 3.4-38, prohibits a lawyer from preparing an instrument giving the lawyer or an associate a gift or benefit from the client, including a testamentary gift, except in cases where the clients are family members of the lawyer or of the lawyer’s partner or associate.