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]

As states began to follow suit and relax the privity...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!