Will a Texas bar ethics committee opine on whether a bank serving as executor of two reciprocal wills has a conflict of interest?

Plain-English summary

An elderly couple left reciprocal wills, each leaving a life estate to the other, with the remainder of the husband's estate going to his three nieces and the remainder of the wife's estate to her sister; both wills named the same bank as executor. The couple died within a six-week period, so neither enjoyed the life estate, and the combined estate included undivided interests in both real and personal property. The inquiry asked whether the bank executor would have a conflict of interest in administering both estates.

The Committee held the question was outside its jurisdiction. It reasoned that the Canons of Ethics of the State Bar govern the conduct and ethics of the members of the State Bar and do not apply to actions of banks, so the inquiry did not fall within the purview of the Canons and was outside the jurisdiction of the Committee on Interpretation of the Canons of Ethics of the State Bar of Texas. The vote was 8-1.

Currency note

This opinion was issued in 1958, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Will a bar ethics committee decide whether a bank executor has a conflict of interest?

A: Under this opinion, no. The Committee held the question is outside the Canons and its jurisdiction because the Canons govern members of the State Bar, not the actions of banks.

Q: Why did the committee decline to answer?

A: It reasoned that the Canons of Ethics govern the conduct and ethics of members of the State Bar and do not apply to actions of banks, so a bank executor's possible conflict fell outside the Canons.

Background and rules framework

The Committee identified no applicable Canon of Ethics. It held the inquiry concerned a bank's conduct, which the Canons (governing members of the State Bar) do not reach, so the question fell outside the jurisdiction of the Committee on Interpretation of the Canons of Ethics. Because no Rule of Professional Conduct is engaged, no Model Rule analog is drawn here.

Citations and references

Rules of Professional Conduct:

• The opinion identifies no applicable Canon; it holds the inquiry falls outside the Canons of Ethics of the State Bar of Texas.

See also

• TX Ethics Op. 219: Suing One Partner After Serving Both
• TX Ethics Op. 220: County Judge in Private Practice
• TX Ethics Op. 232: Highway Commissioner Defending a State Suit

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-216/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_216.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION PRESENTED

An elderly couple left reciprocal wills leaving their individual half of their total estate to the other for life, with the remainder of the husband's estate to go to his three nieces and the remainder of the wife's estate to her sister. Both wills appointed the same bank as executor. Husband and wife died within a six-weeks period, so that neither could enjoy the life estate. The total combined estate included undivided interests in both real and personal property. Would the bank executor have a conflict of interests in administering the two estates?

18 Baylor L. Rev. 301 (1966)

BANK AS EXECUTOR UNDER RECIPROCAL WILLS
Whether there would be a conflict of interests of a bank appointed executor of both estates in reciprocal wills of a husband and wife, where the remainders after life estates to the surviving spouse were to go to different persons, presents a question outside the scope of the Canons and the jurisdiction of the committee.

The Canons of Ethics of the State Bar govern the conduct and ethics of the members of the State Bar and do not apply to actions of banks. Therefore, this inquiry does not fall within the purview of the Canons and is outside the jurisdiction of the Committee on Interpretation of the Canons of Ethics of the State Bar of Texas. (8-1.)

Tex. Comm. On Professional Ethics, Op. 216 (1958)