lawyer who is a beneficiary allowed to sue

In some states a beneficiary can sue the lawyer who drafted estate planning documents. Ohio rejects this concept and holds that only a party in privity with the lawyer (usually the person who retained the lawyer) can file such a lawsuit. The problem is that the person who is in privity with the lawyer is usually deceased.

Full Answer

Should I hire a beneficiary lawyer?

Apr 04, 2022 · For the best chance at a favorable outcome, a beneficiary lawyer should be hired to enforce one’s beneficiary rights. Beneficiary Rights to Estate Accountings Estate beneficiaries have a right to not only receive accountings from executors and administrators, but to inspect and challenge those accountings as well.

Can a beneficiary sue the executor of an estate?

Determining whether or not the third party beneficiary can sue depends on whether the party is an intended or an incidental beneficiary: Intended Beneficiary – where it is clear that the intent of the contracting parties directly and predominantly benefits a third party, that third party is an intended beneficiary and may be able to bring suit.

Can a trust attorney defend the trustee against the trust beneficiaries?

There is now over 20 years of jurisprudence that clearly establish that a solicitor can be liable in negligence to a disappointed beneficiary, who loses his or her inheritance as a result of a lack of due diligence on the lawyer’s part that causes the disappointed beneficiary to not inherit as was contemplated by the testator.

What are the rights of an estate beneficiary?

Right of Beneficiary of a Will to Sue Attorney Who Drafted the Will. Brian v. Wright, Franklin App. No. 06AP-962, 2007-Ohio-942. The court of appeals reviewed whether a plaintiff involved in estate planning legal malpractice case could sue the attorney despite no attorney/client relationship between the plaintiff and attorney. The plaintiff claimed that a will was drafted by an attorney …

What Is a Third Party Beneficiary?

A third party beneficiary is a person who is benefited by the contract even though he or she has not signed it and is not a party to it. The third party is not in “privity of contract” with the other parties.

When Can a Third Party Beneficiary Sue on a Contract?

Determining whether or not the third party beneficiary can sue depends on whether the party is an intended or an incidental beneficiary:

Does the Intent to Benefit have to be Written in the Contract?

No, the intent to benefit does not necessarily have to be in writing in the contract. The intent to benefit the third party can be implied based on the language and nature of the contract. The intent does have to be clear, however.

Do I Need a Lawyer for Third Party Beneficiary Issues?

Contracts are a complicated area of law. A business attorney experienced in contract law can help you determine if someone is a third party beneficiary, and if so, whether that person is intended or incidental.

What was the case in Wittingham v. Crease and Company?

In 1978, Justice Atkins, in Wittingham v. Crease and Company 3 E.T.R. 97, found the lawyer negligent in having a spouse of a beneficiary witness the will. This in turn caused that bequest to fail, and the solicitor was liable in damages for negligence to the “disappointed beneficiary”, in an amount being the difference between what the beneficiary received on an intestacy and what the beneficiary would have received after a successful application under the Wills Variation Act.#N#The following year, our Court of Appeal followed Wittingham (supra), and in Tracy v. Atkins 16 B.C.L.R. 223, found that despite the fact that the Defendant’s solicitors did not represent the Plaintiff, a lawyer could be liable to an opposing party if he or she placed themselves in a “sufficient relationship of proximity”, that he or she incurred a duty of care towards the Plaintiffs.#N#Thus, the B.C. Courts in the late 70’s began to allow recovery on the basis of the Hedley Byrne principle. The principle of that case is that if a person seeks information from a person possessing a special skill and trust, that person to exercise due care and if that person knew or ought to have known that reliance was being placed on his or her skill and judgment, he or she owes a duty of care to the first person. Further, absent express disclaimer of responsibility, the first person can recover damages for financial loss caused by the negligent misrepresentation, where spoken or written, of the second person.

Who is Trevor Todd?

Trevor Todd is one of the province’s most esteemed estate litigation lawyers. He has spent more than 45 years helping the disinherited contest wills and transfers – and win. From his Kerrisdale office, which looks more like an eclectic art gallery than a lawyer’s office, Trevor empowers claimants and restores dignity to families across BC. He is a mentor to young entrepreneurs and an art buff who supports starving artists the world over. He has an eye for talent and a heart for giving back.