Attorney Does Not Owe Duty of Care to Beneficiary of Client's Estate

The Washington Court of Appeals holds that an estate planning attorney does not owe a duty of care to the beneficiary of a client's estate for improperly executed estate planning documents, so the beneficiary cannot sue the attorney for legal malpractice. Linth v. Gay (Wash. Ct. App., No. 45250-2-II, Sept. 22, 2015).

Evelyn Plant hired attorney Carl Gay to draft a living trust. The trust provided that Ms. Plant's property would go to a charity, but that Jennifer Linth would have a life estate in a portion of the property. A month later, at Ms. Plant's direction, Mr. Gay amended the trust to convey the property to a foundation created by Ms. Plant. The amendment also gave Ms. Linth the right to live on the property and referenced an attachment. However, the foundation was not created before Ms. Plant signed the amendment and there was no attachment to the amendment. After Ms. Plant died, the charity and Ms. Linth fought over the amendment, eventually reaching a settlement agreement.

Ms. Linth sued Mr. Gay for legal malpractice, arguing that Mr. Gay negligently failed to completely draft Ms. Plant's estate plan by failing to include the attachment. She also argued that Mr. Gay negligently represented the trustee after Ms. Plant's death. The trial court ruled that Mr. Gay did not owe a duty to Ms. Linth, so she could not sue him for legal malpractice. Ms. Linth appealed.

The Washington Court of Appeals affirms, holding that an attorney does not owe a duty of care to the beneficiary of a client’ s estate for improperly executed estate planning documents. The court notes that it does not matter that Ms. Linth was an actual beneficiary, not a prospective beneficiary. In addition, the court rules that Mr. Gay's duty to the trustee after Ms. Plant's death did not include a duty to a non-client beneficiary.

For the full text of this decision, go to: https://www.courts.wa.gov/opinions/pdf/D2%2045250-2-II%20Part%20Published%20Opinion.pdf

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