Solicitor drafting a parent's will that leaves residue equally to the solicitor and siblings

Paragraph 6.1 of the Code prohibits acting where there is an own interest conflict or a significant risk of one. The SRA's wills guidance says that a solicitor drafting a will containing a significant gift to themselves should normally ensure that the client has first taken independent legal advice. However, the guidance accepts that there may be exceptions where the solicitor can continue without independent advice. Its example is a solicitor drafting a surviving parent's will that leaves the residuary estate to the solicitor and their siblings in equal shares. That is Jonah's situation. The provision is the even-handed division his mother already chose with another firm, and there is nothing unusual about it. Whether it is appropriate still depends on the circumstances, and Jonah must consider whether his financial interest or relationship undermines his ability to advise, and be seen to advise, impartially. He should keep a record of that judgement. If anything in the instructions departed from equal treatment in his favour, the position would change.

Why A is wrong: SRA guidance recognises exceptions, giving this very example: a surviving parent leaving residue to the solicitor and siblings in equal shares.

Why C is wrong: Witnessing would not address the conflict, and a gift to an attesting witness is generally void under s.15 Wills Act 1837.

Why D is wrong: The Code applies to work for relatives; the guidance treats this as a possible exception on the facts, not an exemption from the Code.

Why E is wrong: The guidance does not require him to forgo his share; the question is whether he can advise impartially in the circumstances.