(a)  A gift is not subject to §?33-19.1-3 if the instrument is reviewed by an independent attorney who counsels the transferor, out of the presence of any heir or proposed beneficiary, about the nature and consequences of the intended transfer, including the effect of the intended transfer on the transferor’s heirs and on any beneficiary of a prior donative instrument; attempts to determine if the intended transfer is the result of fraud or undue influence; and signs and delivers to the transferor an original certificate in substantially the following form:

“CERTIFICATE OF INDEPENDENT REVIEW

I, _________________________________________ , have reviewed

       (attorney’s name)

_________________________________________ and have counseled the transferor,

(name of instrument)

_________________________________________ , on the nature and consequences of any

(name of transferor)

transfers of property to _________________________________________

(name of person described in § 33-19.1-3) that would be made by the instrument.

I am an “independent attorney” as defined in §?33-19.1-2 and I am in a position to advise the transferor independently, impartially, and confidentially as to the consequences of the transfer. On the basis of this counsel, I conclude that the transfers to __________ (name of person described in §?33-19.1-3) that would be made by the instrument are not the product of fraud or undue influence.

__________ _______________ ”

(Name of Attorney)  (Bar#)  (Date)

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Terms Used In Rhode Island General Laws 33-19.1-5

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Independent attorney: means an attorney who has no legal, business, financial, professional, or personal relationship with the beneficiary of a donative transfer at issue under this chapter, and who would not be appointed as a fiduciary or receive any pecuniary benefit as a result of the operation of the instrument containing the donative transfer at issue under this chapter. See Rhode Island General Laws 33-19.1-2
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6

(b)  An attorney whose written engagement, signed by the transferor, is expressly limited solely to compliance with the requirements of this section, shall not be considered to otherwise represent the transferor as a client.

(c)  Under no circumstances shall an attorney who drafts an instrument review and certify the instrument.

(d)  The attorney who conducts the independent review shall provide a copy of the signed certification to the drafting attorney.

History of Section.
P.L. 2014, ch. 491, § 1.