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Expert Analysis

Protect Yourself From Trusts And Estates Malpractice Claims

Law360, New York ( September 26, 2016, 10:18 PM EDT) -- Prior to the late 1950s, a cause of action for malpractice could not be maintained against an estate planning attorney by anyone other than the client.[1] Until that time, the courts had held there was a lack of privity between a third-party beneficiary and the attorney.[2] In 1961, the Supreme Court of California employed a balancing test and expanded who could maintain a malpractice claim by holding that intended third-party beneficiaries of a will may recover in tort and contract against the decedent's attorney who failed to properly draft the will.[3]...

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