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Keywords

contractdamagesattorneynegligenceappealtrialmalpracticewilllegal malpracticeappellee
attorneynegligencemalpracticewilllegal malpracticeappellee

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Needham v. Hamilton, 459 A.2d 1060

Facts

Robert C. Needham, the nephew of Elizabeth McC. Jones, was named as the sole residuary beneficiary in several drafts of her will prepared by the appellees. However, after Mrs. Jones requested changes, an erroneous will was executed that omitted the residuary clause, leading to Needham being denied his intended inheritance. The error was discovered after Mrs. Jones's death, resulting in Needham only receiving half of the estate through intestacy.

The facts of this case are undisputed. Needham was the nephew of Elizabeth McC. Jones. In the summer of 1974, Mrs. Jones directed the appellees to prepare a new last will and testament for her. Between August and December of 1974 several drafts of the will were prepared by the appellees, each of which named Needham in the thirteenth paragraph as the sole residuary beneficiary. An identical provision was contained in Mrs. Jones' earlier will which had also been prepared by appellees. Around December 5, 1974, the appellees delivered to Mrs. Jones a draft will designating Needham as the sole residuary beneficiary.

Issue

Can an intended beneficiary of a will bring a legal malpractice action against the attorneys who drafted the will despite the lack of privity between the beneficiary and the attorneys?

Can an intended beneficiary of a will bring a legal malpractice action against the attorneys who drafted the will despite the lack of privity between the beneficiary and the attorneys?

Rule

The requirement of privity does not extend to a malpractice suit brought by the intended beneficiary of a will against the attorneys who drafted it.

We hold that the requirement of privity does not extend to a malpractice suit brought by the intended beneficiary of a will against the attorneys who drafted it.

Analysis

The court applied the rule by recognizing that the interests of the testatrix and the intended beneficiary aligned regarding the proper drafting of the will. The court noted that the main purpose of the contract for drafting the will was to ensure the future transfer of the estate to the beneficiaries, thus falling within the exception to the privity requirement.

Given our rationale for disposition, we need not dwell upon a third party beneficiary analysis for, in any event, the gravamen of the cause of action is negligence.

Conclusion

The Court of Appeals reversed the trial court's dismissal and remanded the case, allowing Needham's complaint to be reinstated.

We reverse and remand the case with directions to reinstate the complaint.

Who won?

Robert C. Needham prevailed in the case because the court determined that intended beneficiaries could sue for malpractice, thereby recognizing his right to seek damages for the attorneys' negligence.

Robert C. Needham brought a legal malpractice suit against the appellees based upon their admitted negligence in the drafting of a will which resulted in Needham's being denied the extent of the estate the testatrix intended that he take.

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