Monday, June 13, 2011

No Duty, No Malpractice

An attorney who drafts a will has no duty to a beneficiary, according to a recent decision of the Idaho Supreme Court. The court affirmed the grant of summary judgment to the lawyer-defendant in a legal malpractice case.

The will left any of the testator's interests in trusts to the named beneficiary-plaintiff. Trouble was, at the time of death, there were no such interests. These facts did not support the malpractice claim. (Mike Frisch)

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