Legal Question in Wills and Trusts in California

If you do legal work for yourself then there is no problem with practicing law without a license. Helping to file out forms is often considered ok even if you charge someone for it [what para-legals do]. If you handle a large number of cases you might get into trouble because more people would know what you are doing.

Technically by selecting the kit for another person, you are probably practicing law without a license, but nobody is really going to care. If you merely fill in the forms with information provided by another person for their will, you are a typist; so that is not practicing law without a license. Where you cross the line is where you exercise any discretion or decision making as to what goes into the form, or provide any advice as to what goes into the form or what is done with it after it is filled in. The reason the forms and accompanying instructions are OK is because they are created by lawyers, who are of course allowed to provide forms and advise how to fill them out, even if it is not in person. Interpretation of the forms and books and any decision-making or advice about using them, is where you cross the line.

If the person making the Will is a resident of California, s/he should only purchase a form or book which is specifically based on California law. If the estate plan is fairly simple (and if not, s/he can afford, and should hire, a lawyer!) the best form to use is probably the California Statutory Will, which you can find at the CA State Bar website for no charge: http://www.calbar.ca.gov/Public/SimpleWill.aspx.