Est. of Robert H. Agnew v. Ross, D.

I agree with the majority’s holding that, to maintain standing in an action against an attorney for breach of contract in failing to perfect documents to reflect a client’s testamentary intentions, intended third party beneficiaries must be identified in an executed estate planning document. In this regard, I am persuaded by the public policy rationale expressed by the majority.1 My main reservation with its opinion, however, is *51that I am not convinced by some of the additional rationale upon which the majority relies.2

As a final observation, to the degree that some ambiguity may attend the…