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Keywords

plaintiffdefendantattorneynegligencesummary judgmentmalpracticewilllegal malpracticeduty of care
plaintiffdefendantattorneynegligencesummary judgmentmalpracticewilllegal malpracticeduty of care

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Strong v. Fitzpatrick, 204 Vt. 452, 169 A.3d 783, 2017 VT 35

Facts

The plaintiff's mother married his stepfather in 1966 and had three children. After the stepfather's death, the mother inherited the Munson Homestead and executed a will in 1999 that divided the property equally among her children. The plaintiff claimed that his mother intended to leave him the House Portion of the property, but she died without executing a codicil to reflect this intent. The attorney, who was hired by the mother, did not draft a new will or codicil before her death, leading the plaintiff to file a legal malpractice complaint against him.

The plaintiff's mother married his stepfather in 1966 and had three children. After the stepfather's death, the mother inherited the Munson Homestead and executed a will in 1999 that divided the property equally among her children. The plaintiff claimed that his mother intended to leave him the House Portion of the property, but she died without executing a codicil to reflect this intent. The attorney, who was hired by the mother, did not draft a new will or codicil before her death, leading the plaintiff to file a legal malpractice complaint against him.

Issue

Did the attorney owe a duty of care to the plaintiff, a non-client prospective beneficiary, regarding the drafting of a will that was never executed?

Did the attorney owe a duty of care to the plaintiff, a non-client prospective beneficiary, regarding the drafting of a will that was never executed?

Rule

An attorney generally owes a duty of care only to their client and not to third parties who claim to have suffered from the attorney's negligence, particularly in the context of undrafted, unexecuted wills.

An attorney generally owes a duty of care only to their client and not to third parties who claim to have suffered from the attorney's negligence, particularly in the context of undrafted, unexecuted wills.

Analysis

The court applied the rule by emphasizing that the attorney-client relationship is fundamental to establishing a duty of care. It noted that the plaintiff was a non-client and that the attorney had not been engaged to draft a will that was executed. The court highlighted the risks of imposing a duty to prospective beneficiaries, which could undermine the attorney's loyalty to the client and lead to speculative claims regarding testamentary intent.

The court applied the rule by emphasizing that the attorney-client relationship is fundamental to establishing a duty of care. It noted that the plaintiff was a non-client and that the attorney had not been engaged to draft a will that was executed. The court highlighted the risks of imposing a duty to prospective beneficiaries, which could undermine the attorney's loyalty to the client and lead to speculative claims regarding testamentary intent.

Conclusion

The court affirmed the summary judgment in favor of the attorney, concluding that he did not owe a duty to the plaintiff as a prospective beneficiary of an undrafted, unexecuted will.

The court affirmed the summary judgment in favor of the attorney, concluding that he did not owe a duty to the plaintiff as a prospective beneficiary of an undrafted, unexecuted will.

Who won?

Defendant (the attorney) prevailed because the court found that he did not owe a duty of care to the plaintiff, a non-client prospective beneficiary.

Defendant (the attorney) prevailed because the court found that he did not owe a duty of care to the plaintiff, a non-client prospective beneficiary.

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