Legal Opinion

Parks v. Fink

Court of Appeals of Washington

Decided February 4, 2013No. 67527-3-IPublishedCited by 17 opinions

1Opinion of the CourtLau, J.

¶1 — In this attorney negligence case, nonclient Terry Parks alleges that attorney Janyce Fink owed him a *368duty of care to promptly execute the will naming him as a prospective beneficiary. To impose a duty in this case would severely compromise the attorney’s duty of undivided loyalty to the client and impose an untenable burden on the attorney-client relationship. We therefore hold that an attorney owes no duty of care to a prospective beneficiary to have a will executed promptly.

FACTS

¶2 Testator John J. Balko suffered from terminal cancer. He signed a will prepared by attorney Alan…

2Cases cited32 opinions

  1. Wilson v. SteinbachWashington Supreme Court · 1982
  2. Biakanja v. IrvingCalifornia Supreme Court · 1958
  3. Lucas v. HammCalifornia Supreme Court · 1961
  4. Folsom v. Burger KingWashington Supreme Court · 1998
  5. Folsom v. Burger KingWashington Supreme Court · 1998

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3Cited by17 opinions

  1. Est. of Robert H. Agnew v. Ross, D.Supreme Court of Pennsylvania · 2017
  2. Linth v. GayCourt of Appeals of Washington · 2015
  3. In Re The Estate Of: Donald C. MullerCourt of Appeals of Washington · 2016
  4. Farrow v. Alfa Laval, Inc.Court of Appeals of Washington · 2014
  5. Monique Messenger v. Shannon L. WhitemarshCourt of Appeals of Washington · 2020

12 more not listed; retrieve them via the Exa API.

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